July 14, 2009 CONGRESSIONAL RECORD — SENATE S7453 allow needed funding to be reallocated of the HELP Committee—but we have where all one sees are the benefits, to more important, pressing needs of been going through a multiweek mark- without considering the con- our military. Let’s pass a Defense au- up that I think has been characterized sequences—the law of unintended ef- thorization bill actually contains the by some very wishful thinking on the fects. For example: the totally mis- requests that our military has made. part of the majority members of that leading claim by the majority that the Madam President, $1.75 billion for the committee; namely, the hope or the new data from the Congressional Budg- F–22 has not been requested, and I wish that they can somehow not reveal et Office revealed a much lower score agree with Chairman LEVIN, Senator the very real costs and tradeoffs raised for this bill, $597 billion—a lot of MCCAIN, Presidents Obama and Bush. by their health care reform bill. I think money—while still expanding health I urge my colleagues to join in this the American people ought to become insurance coverage to 97 percent of effort to show fiscal restraint. Support more and more aware of this. Americans. This claim is the very defi- the Levin-McCain amendment. The The bill the HELP Committee is nition of ‘‘wishful thinking.’’ But facts best way to defend our country is to marking up establishes all sorts of new are stubborn things. The actual CBO listen to our military when it tells us government programs, all sorts of new numbers say this bill leaves 34 million to change the way we invest. Our fiscal government mandates and controls— people still uninsured. That is not 97 health and our national security both all justified by the need to ‘‘rein in percent coverage. In order to gain any- depend on it. health care costs’’ and ‘‘increase health where near 97 percent coverage, we I yield the floor and suggest the ab- insurance coverage.’’ I know those are would have to significantly expand sence of a quorum. two very good and noble pursuits, Medicaid—a very expensive proposition The PRESIDING OFFICER. The which I support wholeheartedly. As a which, according to CBO, adds about clerk will call the roll. matter of fact, I think Republicans $500 billion or more to the cost of this The bill clerk proceeded to call the now have about six bills to do the same bill. roll. thing. They do not get much attention, More wishful thinking: The $597 bil- Mr. LEVIN. I ask unanimous consent but we have six bills. lion cost was further artificially low- that the order for the quorum call be But there is a big problem with this ered through several budget maneu- rescinded. bill. It does neither of these things, in vers, such as a multiyear phase-in and The PRESIDING OFFICER. Without my opinion. It neither reduces costs, a long-term care insurance program objection, it is so ordered. nor does it significantly increase cov- that will increase costs significantly f erage. In fact, it significantly increases outside the 10-year budget window CBO costs for very little gain—‘‘costs,’’ c-o- is required to use. Here we are passing RECESS s-t-s. Remember that word. But my a long-term insurance bill that goes be- Mr. LEVIN. Madam President, I ask colleagues on the HELP Committee yond 10 years that CBO cannot even unanimous consent that the Senate continue to wish and to hope they can score. stand in recess until 2:15. obscure this reality through a barrage, After taking these realities into ac- There being no objection, the Senate, really, of speeches and rhetoric and count, a more accurate 10-year score of at 12:12 p.m., recessed until 2:15 p.m. what I call misleading figures. this bill is closer to $2 trillion. I said and reassembled when called to order It has been this behavior that has that right: not $1 trillion—$2 trillion. by the Acting President pro tempore. caused me to recall Mr. Yankelovich’s This is when we should arrive at the f observations on something called the fifth stage of opinion making: weighing evolution of opinion. I am going to use the choices. Since the true cost of this NATIONAL DEFENSE AUTHORIZA- that as the basis of my remarks—the bill is approximately $2 trillion, we TION ACT FOR FISCAL YEAR evolution of opinion. The article was in must own up to the American public 2010—Continued Fortune magazine, and it jogged my about the tradeoffs. We must finally The ACTING PRESIDENT pro tem- memory in this regard. But, in any understand that the tradeoffs threaten pore. The Senator from Kansas. event, I think it serves as an important a health care system that polls tell us Mr. ROBERTS. Mr. President, I ask illustration of the health care reform has a 77-percent satisfaction rate. unanimous consent to proceed as in process so far. Mr. Yankelovich ob- This is not to say we should not un- morning business to speak about the served that the evolution of a person’s dertake any reforms, but we need to health care deliberations we are under- opinion could be traced through a con- honestly discuss the costs and benefits taking. I know we are under the De- tinuum of seven stages. That is a fancy of reform proposals. And the majority’s fense authorization bill. My remarks way of saying there are steps you go proposal is high on cost and low on should not take that long. through when you are trying to think benefits. The ACTING PRESIDENT pro tem- something through. The No. 1 tradeoff that Americans pore. Without objection, it is so or- First, we have had daunting aware- need to know is, higher taxes. Remem- dered. ness: the realization that our health ber when the President promised: If Mr. ROBERTS. Mr. President, as I in- care system was not working for every you make under $250,000, you will not dicated, I rise today to talk about American and needed to be addressed. I see your taxes increased, that you health care reform and the hard truths think everybody understands that. would actually see a tax cut. Well, like that have so far been not hidden but I The second stage, greater urgency: so many other pledges, those promises do not think have been very much the economy began to go south and had an expiration date, and that date is aware to many Americans. people who used to rely on their em- rapidly approaching. I was inspired to come to the Senate ployer for health insurance began los- The bill raises $36 billion in the first floor today because we are holding ing their jobs. 10 years in new taxes on individuals hearings in the HELP Committee—and Then there is the third stage: reach- who do not purchase health insurance. we are holding hearings in the Finance ing for solutions. Our committee has That is a penalty. It raises another $52 Committee—and a series of events in held hearings and began to meet with billion in new taxes on employers who the Health, Education, Labor, and Pen- stakeholders. The administration met do not offer their employees health in- sions Committee made me recall the with stakeholders. The stakeholders, I surance. observations of a well-respected public think, probably met in good faith. And As an aside, guess who suffers when opinion analyst, pollster Daniel it has only been recently they have dis- the employer’s taxes get raised? It cer- Yankelovich, founder of the New York covered they may have signed on to tainly is not the employer. It is the Times/Yankelovich Poll. something that is very illusory, to say employee who gets laid off or does not The HELP Committee has been the least. get a raise. It is the applicant who does struggling—well, we have been working Fourth, the stage where many on the not get hired. Even President Obama’s hard; ‘‘struggling’’ probably is not the HELP Committee and elsewhere have own Budget Director admits this fact. right word; and many thanks to the arrived at today: the wishful thinking At least one economic survey esti- chairman, CHRIS DODD, our ranking stage, the well-intentioned, romantic, mates that an employer mandate to member, MIKE ENZI, and the members simplistic, perhaps naive moment provide health insurance, such as the

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7454 CONGRESSIONAL RECORD — SENATE July 14, 2009 one in the Kennedy-Dodd bill, would nomic catalyst of our country, the already have rationing. We already put 33 percent of uninsured workers at small business community. Make no have shortages. We already have doc- risk for being laid off—33 percent of un- mistake, these will be difficult choices. tors and providers who say: I am sorry, insured workers. The study went on to They will have to reduce the wages and I am not reimbursed to the extent I can say that ‘‘workers who would lose their benefits of current employees. They stay in business and offer you Medi- jobs are disproportionately likely to be will have to pass their costs on to their care. So rationing is not a scare word, high school dropouts, minority, and fe- customers. They will have to lay off it is something that is happening now. male.’’ It is a job killer for the very workers or not hire new employees. It will simply not be possible for them people whom the bill ostensibly seeks None of these are good options for to keep their doors open on the mar- to help. workers, small businesses, or our econ- gins that the government will pay These new taxes do not come close to omy. them. And that is when rationing of paying for this bill, and the ideas that But higher taxes are just one of the health care will become a way of life in have been coming out of the Finance ways the majority wants to pay for this country. Committee, on which I am also privi- this massive expansion of government. Oh, I can see it now. It will either be leged to serve, the House of Represent- The other method? The other method by age or by test or by the comparative atives—the so-called people’s body— will be cuts to Medicare. You heard me effectiveness research golden ring that and the administration prove that right: Medicare, cuts to Medicare, cuts CMS—that is another acronym—an these new taxes will be just the first of to the reimbursements to providers to outfit that works for the Department many. our senior citizens, cuts we have been of Health and Human Services. These One option: a new and higher income trying to prevent, where we have added are the bean counters who look in this tax on taxpayers with earnings in the money in almost every session we have way at health care and don’t look at top income tax brackets—there is some been in. the real effects, and I see what can hap- press on that as of now—including There would be $150 billion from the pen. small businesses—essentially a small hospitals. The hospitals have agreed to These are the tradeoffs the American business surtax—to pay for govern- this with their national organizations people need to know about in this bill. ment-run health care. Keep in mind but funny thing: The hospitals from Yep, $2 trillion in new spending, higher that this surtax is in addition to the Kansas came back to me and said: Not taxes, job-killing employer mandates, higher income taxes the President is on your life. For a person who has and rationed health care. And for already calling for in his budget. worked hard to prevent cuts in that what? To overhaul a system with The President’s budget proposal calls market basket of provider reimburse- which 77 percent of Americans are sat- for raising the top two individual tax ments to keep our rural health care de- isfied. rates in 2011. Many small businesses livery system whole, it comes to me as I offered several amendments in the HELP markup just this morning, at- file their tax returns as individual re- a great surprise that their national or- tempting to force the committee to turns, and the National Federation of ganizations would sit down and say: face stage 5—remember my Fortune Independent Businesses, NFIB, esti- OK, we are going to give up $150 billion, magazine and my stages of evolution of mates that 50 percent of the small busi- only to learn a couple days or weeks thought—to truly weigh the choices, ness owners who employ 20 to 249 work- later that some in the House say: That that is the next stage. My amendments ers fall into the top two brackets. is not enough. So they didn’t have a would have prevented Federal health When these higher income taxes are deal—and another few hundred billion subsidies from being funded through combined with the proposed surtax to from the physicians. I haven’t heard higher taxes on employers, higher pay for the government-run health any agreement on that from the physi- taxes on individuals and families or care, it means that a small business cians. through cuts to Medicare. All three could see its tax bills go up by as much Tens of billions from home health were defeated in a party-line vote. I as 11 percent—11 percent—when this care agencies and radiology and home wasn’t alone in trying to get the com- health care reform bill finally takes ef- oxygen and PhRMA. Let’s don’t forget mittee to weigh the choices in this bill. fect—an income tax rate increase of PhRMA, who agreed to a certain Senator ALEXANDER spoke very amount of cuts—I think it was $80 bil- about 33 percent over what they pay credibly as a former State governor lion—but now they have learned that today. about the fiscal catastrophe that ex- But it does not stop there. Under the figure isn’t firm. So whoever else gets panding Medicaid eligibility will cause proposal the House is expected to strong-armed or weak-kneed into mak- for the States. Again, he was defeated unveil, possibly today, they leave the ing a deal with this administration, by a party-line vote. door open for even more tax increases you better be careful. How can we ignore the very real con- on small businesses. That proposal is Again, when doctors and hospitals sequences of raising taxes on individ- expected to allow, in 2013, for the small and pharmacists and home health uals and employers in a recession— business surtax to be raised by several agencies get their reimbursements some say the worst recession since in additional percentage points if health slashed by Medicare or Medicaid, who the 1930s? How can we deny that fur- care costs are higher than expected, pays the price? It is not the provider, ther cutting Medicare will increase which is likely. at least not at first. It is the people costs for everyone else and possibly These higher income taxes would be a with private insurance who pay a hid- eliminate access to health care for our devastating hit on our Nation’s small den tax to make up the difference— seniors? How can we turn a blind eye to businesses—the same small businesses some $88.8 billion per year, according all the States that are already facing a that create roughly 70 percent of the to a recent Milliman study. Once the financial meltdown and force them to jobs in this country and are the back- provider runs out of private payers to take on billions of dollars of new Med- bone of our economy. We should not be shift this cost deficiency onto, who icaid obligations? raising taxes on these job creators if pays? It is the patients who lose access Some are still stuck in stage 4, still we want our economy to rebound and to a doctor or a hospital or a phar- hanging on to their wishful thinking. grow and expand. macist or a home health agency. Well, I am ready to move on to stage Small businesses in Kansas tell me In addition to cutting Medicare pay- 6, and probably everybody else is as they feel they are already stretched to ments, this bill will dump, by some es- well here on the floor. It is called tak- the limit, and they worry that to pay timates, well over a million new people ing a stand. I hope we can all take a the additional taxes called for in the onto a government-run health care stand to preserve the system that President’s budget, not to mention an plan which will never pay providers works well for the vast majority of additional small business surtax to pay enough to cover their costs, despite Americans and to consider a more cost- for a government-run health care pro- any rhetoric otherwise. As this number conscious, realistic, and patient-friend- gram, they will have to cut back else- grows and the private market shrinks, ly approach to greater health care re- where—‘‘cut back,’’ meaning layoffs; the decrease in the number of doctors form. cutbacks, meaning really it is the and hospitals and other providers will By far the most important stage for worst thing you could do for the eco- be inevitable. We see that already. We us is—yes, the final stage—stage 7:

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 14, 2009 CONGRESSIONAL RECORD — SENATE S7455 making a responsible judgment. The the other end of the phone call, was he The ACTING PRESIDENT pro tem- policies in this bill are very expensive, for the health care bill or was he pore. The Senator from Delaware is and the American people need to know against it? recognized. that someway, somehow they will have Mr. WICKER. Well, I would not have Mr. KAUFMAN. Mr. President, I wish to pay for them. So we must thor- presumed to answer the Senator’s to thank the members of the Armed oughly examine the cost and the trade- phone call. I simply put it back in the Services Committee for their tireless offs in health care reform. We cannot cloakroom. But I am hoping it is sym- work on this bill. I thank Chairman simply engage in wishful thinking. The bolic of the American people— LEVIN and Senator MCCAIN for their American people expect us to make re- Mr. ROBERTS. Whether for or amendment to strike $1.75 billion in sponsible judgments. There is simply against, I hope the Senator from Mis- unnecessary funding for the F–22 air- too much at stake. sissippi would have explained that we craft. I understand the leadership of this both have some real concerns, and we I strongly support those provisions of body is in a dash, a rush to finish the hope we can get real health care re- the Defense authorization bill which hearings in the HELP Committee to form. aim to support critical defense spend- produce a bill, as well as to force the Mr. WICKER. I thank the Senator. ing priorities such as providing fair Mr. ROBERTS. I also thank the Sen- Finance Committee to come up with a compensation and health care to mem- ator. markup of a bill to pay for all this. I bers of the Armed Forces and their Let me just give one quick example don’t know how you pay for $2 trillion families, enhancing the capability of of what I am talking about with regard while the Finance Committee is talk- our troops to conduct successful coun- to Medicare. The President of the Kan- ing about $350 billion and those are terinsurgency operations in Iraq and sas Pharmacists Association is from a very controversial. I have a suggestion. Afghanistan, improving our ability to very small town out West. We conduct I think we ought to put a big banner counter nontraditional and asym- a lot of listening tours, and we go into right up here where the President is metric threats and terminating trou- the pharmacy. The pharmacists, we not, right over there. I don’t think the bled and wasteful military spending ought to give them a GS–15 salary be- President would mind very much, and programs in favor of those which are cause they are the people who deal it could just say, ‘‘Do No Harm.’’ Then deemed more efficient and effective. maybe we could put something under- with Medicare Part D. That is the pre- Also, I strongly support the rec- neath that and say: ‘‘Slow Down’’ or scription drug program we give to sen- ommendation of Secretary Gates that maybe in the language of my State iors; it is very popular. we must rebalance the Defense budget ‘‘Whoa.’’ And then put that in the back Let’s say a lady named Mildred came in order to institutionalize and en- of the HELP Committee, put in the in to see her pharmacist there and Mil- hance our capabilities to fight current back of the Finance Committee, and dred talked to Tom, the pharmacist, wars as well as likely future threats. let’s do the job right. and said: What is this doughnut hole? Mr. WICKER. Will the Senator yield? And Tom says: Well, that is where you As events in Iraq and Afghanistan have Mr. ROBERTS. I am delighted to have to pay a bigger copayment. And demonstrated, the military challenges yield. she says: Well, can’t I get a new kind of currently before us are unlike conven- Mr. WICKER. I thank the Senator program or something else that will tional wars of the past. I am pleased from Kansas for his remarks. I think it help me out here? He said: Yes, there this bill provides the resources nec- is interesting and perhaps symbolic are 47 new programs you can choose essary to protect our troops in counter- that his cell phone was ringing off the from. Mildred, the one that you want is insurgency missions by providing addi- wall or off of his belt when he was be- right here. She says: Good. Then I am tional funding for Mine Resistant Am- ginning to make his remarks. I think not going to get hurt with the cost of bush Protected Vehicles or MRAPs; perhaps that is symbolic of what we the prescriptions I need. He says: But I U.S. Special Operations Command, or are beginning to hear in the Senate as can’t offer it to you? Why? Because I SOCOM, and the Joint Improvised Ex- well as in the House of Representatives only get reimbursed 71 percent. plosive Device Defeat Organization, as from the public. It is not just from the That is about the national average. well as supporting the vital train and rightwing; it is from Main Street How on Earth can we expect every equip mission for Afghan security media. It is from the Washington Post pharmacist all around the country to forces. This training is an essential last Friday. It is from liberal com- administer—and they are the ones prerequisite for achieving stability and mentators such as Michael Kensley doing the administering; it isn’t the security in Afghanistan and succeeding last Friday who say: Let’s slow down Area Agency on Aging or the 1–800– in our ongoing counterinsurgency mis- on this. Medicare. So he had to tell her that the sion. I think what the American people program in Medicare Part D that would These and other provisions of the bill might be saying is that they have gone cover the doughnut hole, he didn’t get aim to institutionalize many of the ad- through this hierarchy of decision- reimbursed enough and couldn’t offer ministration’s recommendations re- making and that this is not the kind of it. Well, he helped her out. All phar- garding future Defense priorities based health care they were promised last macists try to do that. That is where on the conclusion of military offi- year. We were told health care would we are. cials—including Secretary Gates, Ad- save money for Americans. Now we are Or if Mildred goes to the doctor and miral Mullen, and General Petraeus— hearing it is going to cost $1 trillion to the doctor says: I am sorry, I can’t that irregular warfare is not just a $2 trillion, perhaps even $3 trillion. We take any more Medicare patients—that short-term challenge; rather, it is a were told that if Americans were satis- is happening. It is real. This bill exac- long-term reality that requires realign- fied with their insurance, they would erbates that—exacerbates it. That is ment of both military strategy and be able to keep it. Now we are told why I am so upset and why I came to spending. As Secretary Gates has said, they would be moved into a public the floor today. this rebalancing need not come at the plan. We didn’t hear about cuts to I will go back to the HELP Com- expense of conventional weapon pro- Medicare when this was being debated mittee in good faith to work with my grams, which are deeply embedded in last year in the Presidential campaign, colleagues and we will try to make it the Department of Defense, in its bu- and we certainly didn’t hear about bipartisan. I know on Thursday we are reaucracy, in the defense industry, and higher taxes on middle-income Ameri- supposed to have a markup in the Fi- in the Congress. At the same time, we cans. nance Committee—marching orders must move away from funding Cold So I was glad to help the Senator from the leadership around here, right War-era weapons programs with an eye from Kansas avoid taking those phone in the middle of a Defense authoriza- toward the future and accept that calls while he was speaking. tion bill. We don’t need marching or- threat requirements have changed. Mr. ROBERTS. If my distinguished ders. We need to slow down. We need to This requires difficult decisions, sac- colleague—well, I will take back my slow down and get this right. rifice, and change, such as ending the time and yield back for any comments Thank you, Mr. President. I yield F–22 production line which the White he may want to make. The person on back the remainder of my time. House and the Department of Defense

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Mr. Reid was an enslaved African conducted by the Department of De- The ACTING PRESIDENT pro tem- American who worked for the owner of fense regarding future U.S. military pore. The Senator from Arkansas. the foundry selected to cast the bronze needs and an estimate of likely future Mrs. LINCOLN. Mr. President, I ask statue. Mr. Reid figured out how to dis- capabilities of our adversaries. unanimous consent to speak as in assemble the plaster model by attach- The F–22 has never flown over Iraq or morning business. ing an iron hook to the statue’s head, Afghanistan because it is not the most The ACTING PRESIDENT pro tem- and he gently lifted the top section efficient or effective aircraft to meet pore. Without objection, it is so or- until a hairline crack appeared. The the current needs of the military. Its dered. crack indicated where the joint was lo- readiness has been questioned, it has ENSLAVED AFRICAN AMERICANS cated. Then he repeated that operation proven too costly, and continued pro- Mrs. LINCOLN. Mr. President, I rise until all five sections were visible. duction will come at the expense of today to thank the Senate for adopting If you go down to the Capitol Visitor more critical defense priorities. I say my resolution that authorizes a mark- Center, you can see this huge plaster critical defense priorities. But this de- er to be placed in the new Capitol Vis- cast and you can see how large it is, bate is really not about the future of itor Center. The marker recognizes the how cumbersome it is, and how dif- the F–22. This is just the first test as to role of African Americans in the build- ficult it would be to work with even in whether we are ready to end unneces- ing of this great U.S. Capitol Building. today’s age with the tools and all of sary spending and rebalance the de- I also thank Susan and my legisla- the mechanics we have. Yet this gen- fense budget to better reflect the re- tive director, Jim Stowers, who have tleman on his own figured it out with ality of counterinsurgency missions. been tireless in their work and cer- very little other than just a hook to be Today I voice my support for the tainly have done an incredible job in able to pull up and figure out where he Levin-McCain amendment which ter- bringing forth this resolution, along would find that path of least resist- minates procurement of additional F– with many others we have been work- ance. ing on to try and recognize the tremen- 22 fighter aircraft when the current We know about Philip Reid today be- dous work and labor that was put into contract ends at 187 jets. cause Fisk Mills, the son of the found- building this magnificent symbol of In December 2004, the Department of ry owner, told the story to a historian our freedom and particularly that Defense concluded that 183 F–22s were who recorded it in 1869. It describes which was done by the slave labor in sufficient to meet our military needs, Philip Reid as an ‘‘expert and an admi- this country when the Capitol was especially given the future role of the rable workman’’ and ‘‘highly esteemed built. Those two individuals have done F–35 Joint Strike Fighter, which is a by all who know him.’’ a remarkable job in working on this half generation newer aircraft and Philip Reid’s story is probably the resolution. I am very grateful to them more capable in a number of areas, in- best known among the enslaved Afri- and all of the work they have put into cluding electronic warfare and com- can Americans who worked so dili- it. bating enemy air defenses. gently on our Nation’s Capitol. Unfor- I also thank Congressman JOHN Ending the F–22 production line at tunately, there are many others who LEWIS for his unbelievable leadership 187 meets the needs of our military and worked in obscurity. allows us to purchase equipment in moving this resolution through the When the Capitol was first being deemed more efficient and effective. House and for his leadership of the built in the late 1700s and early 1800s, According to Secretary Gates and Ad- Slave Labor Task Force. I had the enslaved African Americans worked in miral Mullen: privilege of serving with Congressman LEWIS in the House, and upon my elec- all facets of its construction. They If the Air Force is forced to buy additional worked in carpentry, masonry, carting, F–22s beyond what has been requested, it will tion to the Senate, we worked together come at the expense of other . . . priorities— on a number of issues, including fund- rafting, roofing, plastering, glazing, and require deferring capabilities in the ing for the Little Rock Central High painting, and sawing. These slaves areas we believe are much more critical for Visitor Center and the Slave Labor were rented from their owners by the our national defense. Task Force. It has been an honor to Federal Government for about $60 a Some of my colleagues have argued work with him on these very important year. that ending the procurement of F–22s issues. He is a tremendous gentleman For nearly 200 years, the stories of will have a significant impact in terms to work with on all issues, but I have these slave laborers were mostly un- of jobs. Of course, I share the concern had the particular pleasure of being known to the visitors of this great of keeping jobs and am focused, first able to work with him on these two. It building, our Capitol. Then in 1999, old and foremost, on preserving jobs and has been a great learning experience pay stubs were discovered that showed job creation. At the same time, how- for me and certainly an honor. slaves were directly involved in the ever, I believe job losses incurred in the The crowning feature of our Nation’s construction of the U.S. Capitol. F–22 line will be offset by an increased Capitol is the majestic statue that To recognize these contributions, I F–35 production. Moreover, I agree stands atop its dome. It was designed sponsored a resolution in July of 2000 with my colleague, Senator MCCAIN, by an American, Thomas Crawford, to to establish a special task force to that ‘‘in these difficult economic represent ‘‘Freedom triumphant in War make recommendations to honor the times, we cannot afford business as and Peace.’’ It has become known sim- slave laborers who worked on the con- usual. We cannot afford to continue to ply as the Statue of Freedom to those struction of this great Capitol. purchase weapons systems that are not of us who come in and out of the Cap- The bicameral, bipartisan Slave absolutely vital . . . ’’ to our national itol on a daily basis. Labor Task Force brought together security interests. Thomas Crawford cast the five-piece historians and interested officials to I urge my colleagues to join me in plaster model of his statue at his stu- work on this issue. In 2007, the task supporting the Levin-McCain amend- dio in Rome, Italy. Before it was force presented the congressional lead- ment which reaffirms America’s com- shipped to the United States to be cast, ership with our recommendations. mitments to our troops by ending Crawford passed away. Once it arrived This resolution fulfills one of those wasteful spending and enhancing mili- in Washington, DC, problems soon recommendations, the resolution we tary readiness. This reflects the sound arose. A workman who assembled the passed in the Senate. It authorizes a and bipartisan judgment of two U.S. plaster model for all to see, just as it is marker to be placed in Emancipation Presidents, two Secretaries of Defense, downstairs, soon got into a pay dis- Hall to serve as a formal public rec- three Joint Chiefs of Staff, as well as pute, and when it came time to dis- ognition of the critical role that

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 14, 2009 CONGRESSIONAL RECORD — SENATE S7457 enslaved African Americans played in hard work he has put in on this issue liberty, a slave artisan named Philip the construction of the Capitol. but other issues we have worked on, Reid cast the statue that crowns this Much of the original Capitol no but without a doubt for his friendship very building, aptly named ‘‘Freedom.’’ longer stands, due to the fires of war in working on so many issues. I am pleased to join with my colleague and renovations to create more space Mr. President, I thank my colleagues from Arkansas and my House colleague for the ever-growing body. In fact, for again adopting this resolution in from my home State of Georgia, Con- some of the stones that were removed the Senate. We look forward to being gressman JOHN LEWIS, in the submis- when the Capitol was renovated have able to add many other of those rec- sion of S. Con. Res. 135, which directs been stored in Rock Creek Park. It is ommendations of the task force as we the Architect of the Capitol to place a our hope that those very stones that move forward and as our Capitol Vis- marker in Emancipation Hall of the were quarried years and years ago by itor Center continues to grow. Capitol Visitor Center acknowledging the slaves will be used to make the Mr. President, I yield the floor. the role these slave laborers played in CVC marker we hope to place in the The PRESIDING OFFICER (Mr. the construction of this building and to CVC. UDALL of Colorado). The Senator from accurately reflect its history. I would I also would like to take a moment Georgia. especially like to thank Congressman Mr. CHAMBLISS. Mr. President, I to remember one of the members of the LEWIS for his work in heading the rise today to concur with my good Slave Labor Task Force, Curtis Sykes, Slave Laborer’s Task Force, which rec- friend from Arkansas with respect to who was a native of Little Rock, AR, ommended that such a marker be des- H. Con. Res. 135, which acknowledges and an original member of Arkansas’s ignated and erected. the role slave labor played in con- Black Advisory Committee. This marker is a small way of show- structing the U.S. Capitol and thank I asked Mr. Sykes if he would come ing our gratitude to these Americans, her for her leadership on this issue. and serve on this committee. I selected but it is a necessary and proper one. him because he was, first and foremost, Once again, she and I had an oppor- tunity to work on an issue that is im- AMENDMENT NO. 1469 an educator. During his time on the Mr. President, I now wish to move to task force, he was focused on the need portant to America and to Americans. Senator LINCOLN has been a true another issue. It is the issue of the to ensure that as many citizens as pos- champion for the common man, as well McCain-Levin amendment that is be- sible be made aware of the contribution as for all Americans, on any number of fore us on the Defense authorization of enslaved African Americans in the issues. It has been a great pleasure to bill. In the Defense authorization building of this great U.S. Capitol. work with her on any number of issues mark, we filed an amendment seeking Unfortunately, Mr. Sykes passed over the years. I do thank her for her to add seven F–22s for additional pro- away before our work was completed. great leadership on this resolution. curement by the Air Force. And as a Nevertheless, he made important and The story of the very building in part of that amendment, we provided lasting contributions to our work. I which we are standing is a story of all the offsets necessary within the know he is looking down with a great freedom. It is a story of how people budget to purchase those seven air- sense of pride for what we have been from every corner of the globe arrived craft. That amendment passed in the able to accomplish. to have a chance to steer their own full committee and now is a permanent The heart of this effort and the mis- lives, shape their own destinies, and part of the mark. The amendment by sion of the Capitol Visitor Center is toil at tasks of their own choosing, not Senators McCain and Levin seeks to education. It was at the root of what those dictated by birth or caste. strip those seven airplanes out of that Mr. Sykes stood for, and it certainly Sadly, however, that shot at freedom mark and to deny—to basically shut has been at the root of what our task was not given to everyone. For those down—the production line for the F–22. force has been professing and wanting who were brought here against their First, with respect to this debate, let more than anything to create for the will and forced to toil for someone me put it in context and draw from a visitors who come through our Na- else’s gain, freedom was a vague con- statement by a Washington expert in tion’s Capitol. That is why there is no cept—for others but not for them. Slav- this area who is known for being bipar- more appropriate place for this marker ery will forever remain a shameful tar- tisan and level-headed, and that is to recognize those who built the Cap- nish on the shining city that is Amer- John Hamre, President and CEO of itol than our new Capitol Visitor Cen- ica. Unbeknownst to most Americans, CSIS, and a former Pentagon Assistant ter, an education model in itself. slave labor helped build our Nation’s Secretary under the Clinton adminis- The plaster model of the Statue of Capitol. It is one of the saddest ironies tration. In an April newsletter, Mr. Freedom, the same one that was sepa- of our history that the very foundation Hamre stated as follows: rated by Philip Reid, now stands tall in of this building in which we have de- Emancipation Hall of the CVC for all All of the systems proposed for termi- bated the most fundamental questions nation by Secretary Gates in his budget have visitors to see. Visitors look at the of liberty was laid by those in shackles. valid missions and real requirements. None model each and every day and can com- They labored in the heat, cold, and of them is a wasteful program. This is a case pare it to the actual statue standing dust of quarries in Virginia and Mary- of priorities. Secretary Gates has decided atop the Capitol dome. I want to make land to cut the stone upon which rests that these programs don’t enjoy the priority sure every visitor who comes to the this temple of liberty. of other programs in a constrained budget, CVC, our Capitol Visitor Center, knows We know very little about these but Congress can and should legitimately how that statue got up there and that workers and artisans, and of the few question spending priorities. Every indi- they know the story of Philip Reid and vidual has a unique calculus for prudent records that were kept at the time, risk. Secretary Gates has rendered his judg- the other enslaved African Americans only several first names survived, next ment. Not only is it appropriate but nec- who played such a critical part in the to those of their owners and sums paid essary for Congress to pass final judgment on building of this Capitol—our symbol of for the grueling labor. From 1793 to this question. freedom in this Nation. 1826, up to 800 slaves at one time paint- Mr. Hamre goes on to say: In closing, I thank Chairman SCHU- ed, roofed, sawed, glazed, and perfected I admire Secretary Gates, but it is the MER and Ranking Member BENNETT of this building which represents a free- duty and obligation of Members of Congress the Rules Committee for their help and dom most of them were never to know. to question his recommendations. These rec- guidance on this resolution. I also cer- They laid the foundation still visible at ommendations merit serious and dis- tainly cannot finish my remarks with- the Capitol’s east front. They carved passionate debate, not sloganeering. Sec- out offering my tremendous thanks to the marble columns that witnessed so retary Gates has made a series of rec- my colleague and friend, Senator many of the deliberations on the future ommendations. Only the Congress can decide CHAMBLISS from Georgia, who, along of our Nation in the old Senate Cham- what to do for the Nation. with Senator SCHUMER, was an original ber. They erected and polished the tall Congress is the branch of government cosponsor of this resolution. marble columns that lend Statuary most directly connected to the Amer- Senator CHAMBLISS has done a tre- Hall such elegance and grace. ican people. We have a crucial role in mendous job. He is a delight to work As the Civil War ripped this Nation the budget process, which we should with, and I am not only grateful for the asunder over the very issues of human not shy away from. Some will say this

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7458 CONGRESSIONAL RECORD — SENATE July 14, 2009 is a debate about jobs and pork-barrel fore us today are going to need in the rent conflict is shortsighted and be- spending, unnecessary spending and future. It is about the balance between trays a very short-term perspective on powerful defense contractors. Hope- needing to maintain both the ability to our national security. fully, Mr. Hamre’s statements have at win current wars and guard against fu- Frankly, if the Pentagon had wanted least partially dispelled what is truly a ture challenges. The United States is a to use the F–22 in the current conflicts, myth in this respect. global power, with global commit- they could have been used. I don’t Clearly, jobs are at stake—lots of ments and responsibilities that exceed know whether a conscious decision was jobs—and good-paying jobs at that. Iraq and Afghanistan. We are also a na- made otherwise, but the conflict in Af- About 95,000 jobs are going to be lost if tion that has fought and won wars ghanistan is not over, and we are going the McCain-Levin amendment passes— through the use of technology and not to be in that area of the world for a 95,000 good-paying jobs across America. just a total reliance on manpower. long time to come. I suspect that be- Several thousand of those jobs are in Lastly, we are a nation for whom the fore it is over, we will have F–22s flying my home State. basic war-planning assumption for the in the region. But this is not a debate about jobs. last 50 years has been that we will con- Let me just add that these numerous This is a debate about the security of trol the skies—air dominance and air projects that DOD did not request—and the United States of America, and I am superiority. If that assumption goes there are several DOD projects which going to talk in greater detail about away, so does one tenet of American DOD did not request—have drawn little that in a minute. military strategy and the planning as- or no attention. For example, $560 mil- Since the Korean War, our military sumptions attached to maintaining air lion for unrequested FA–18s, $1.2 billion has been able to maintain what we call dominance. for unrequested MRAPs, and signifi- air dominance and air superiority. And A criticism of the F–22s in the bill is cant funds to support a pay raise above what that means is that our Air Force that it is funding something DOD does what was recommended by the Presi- has been able to control the skies, to not want. Defense budgets, as enacted dent. We spent a lot more money on rid the skies of any enemy aircraft. We into law, always—and I emphasize al- these items than what DOD requested. have been able to control the skies by ways—contain measures, be they weap- So to come up here and say: Well, DOD having the capability of taking out any ons systems or other programs, that didn’t request any F–22s and, therefore, surface-to-air missile that might seek DOD does and does not want. As John we are to salute and go marching on is to shoot down one of our planes in any Hamre said, it is the job of Congress to something we have never done, we did conflict with an adversary. Since the assess what DOD requests and to not do in this bill, and we should not Korean War, the United States of render judgment thereon. If we do not have done in this bill. America has not lost a foot soldier to do that, we have given up our oversight Let me also address the veto threat tactical enemy aircraft because of our role with which the constitution en- regarding the F–22 funding. A veto is a ability to maintain air dominance and trusts us. Congress is the branch of serious step and one that should only air superiority. Well, if we do not have government most connected to the be taken when the welfare of our the F–22, our ability to maintain air American people. It has an important troops or national security is at stake. dominance and air superiority is in role to play, and we should not shirk After doing extensive research of De- jeopardy. that role and be afraid to challenge fense bills as far back as data is avail- Over the years, we have been in con- DOD’s priority, when necessary, and able, I have been unable to find one sin- flicts in different parts of the world when we know they are wrong. This is gle example where a veto has been with different adversaries, and there a debate about military priorities and threatened or issued in relation to will be additional conflicts down the what kind of military we need. We can- funding that correctly supports an road at some point in time. We hope not and should not assume that future unmet military requirement, as fund- not, but we know one thing, and that is challenges will be like today. In pre- ing for the F–22s in this bill does. It is if we have an inventory—the capability dicting where the next threat will regrettable the administration needs to of taking away the enemy’s ability to come from, the United States of Amer- issue a veto threat for funding intended come after us—then it puts our enemy ica and our tacticians have a perfect to meet a real national security re- in a difficult position from the stand- record: We have been wrong every sin- quirement that has been consistently point of ever wanting to engage us. gle time. confirmed by our uniform military Let me respond now to some com- Jobs are at stake, and a variety of leaders. ments that Senator MCCAIN made yes- different interests are at stake but, Specifically, in his letter to Senators terday, and which he and others have most importantly, what is at stake is LEVIN and MCCAIN, President Obama made often, about the power of the our national security and our ability to states as follows: military industrial complex. Our indus- execute our global responsibilities. The Department conducted several anal- trial complex is powerful, but it is not That is what is at stake and that is yses which support this position to termi- all powerful. If there were not serious what I am going to focus on in my re- nate F–22 production at 187. national security interests at stake marks today. I am not sure who was advising the here, we wouldn’t be having this de- I would also like to rebut one point President on this, but that statement bate. critics make about the F–22 not flying is simply not true. Of the countless Also, there is absolutely nothing in missions in Iraq and Afghanistan. studies—and I emphasize study after unique about the role of outside inter- Senator MCCAIN and Secretary Gates study after study—that DOD has done, ests in the case of the F–22. Anyone in- have made this point often and over only one recommended 187 F–22s, and volved in the current debate we are and over again. But there are numer- that study was based on one major con- having in this body over health care, ous and very expensive weapon systems tingency operation that has not even and even this week’s hearings regard- in this budget that we are going to be been factored into our national secu- ing Sotomayor, knows that outside in- voting on in the next couple weeks rity strategy. terests, including industry, are inti- that have not, and hopefully will not, There are numerous other studies— mately involved in trying to influence be needed in Iraq and Afghanistan—the again, numerous other studies—includ- the process in regard to those issues. It Trident missiles, the ballistic missile ing one commissioned by the DOD is simply part of the process in a de- system, the DDG 1000. There is a long itself in 2007, which support buying a mocracy, and there is absolutely noth- list of items that are not going to be minimum of 250 F–22s, not 187. ing unique to it in relation to the F–22. used in Iraq and Afghanistan that are I would also like to offer a few com- We wouldn’t be here if there were not very expensive and that are contained ments on the letter from Secretary serious national security issues at within this authorization bill. That Gates and Admiral Mullen. Like Gen- stake that are worth debating. does not mean these systems are not eral Cartwright did at last week’s hear- However, most importantly, this de- needed. It is merely that they are in- ing, Secretary Gates and Admiral bate is about what kind of military we tended to address a different threat. To Mullen talk about the importance of need today and what kind of military argue against the need for a system be- UAVs in obviating the need for F–22s. these young people who are sitting be- cause it is not being used in the cur- That means taking pilots out of the air

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 14, 2009 CONGRESSIONAL RECORD — SENATE S7459 when it comes to destroying critical adversaries can test our countermeasures or New digital technologies enable advanced adversarial weapon systems that are on reach parity with us. If electronic jamming SAMs to switch rapidly between different the ground or in the air trying to take fails, the speed, altitude and maneuver- frequencies for jamming which greatly com- out our men and women. ability advantages of the F–22 remain. The plicates our electronic countermeasures. The F–35 was designed to operate after F–22s have advanced SAMs are therefore much more dif- What they don’t note is that of the secured the airspace, and does not have the ficult to defeat than the analog SA–6s and UAVs we are procuring in this budget— inherent altitude and speed advantages to SA–2s designed in the 1960s. and I am a big fan of UAVs; we need survive every time against peers with elec- If electronic jamming fails, the speed, alti- them in certain scenarios, but of the tronic countermeasures. America has no un- tude and maneuverability advantages of F–22 UAVs we will be procuring in this manned system programs in production remain. The F–35 was designed to operate budget, that we will be procuring in ad- today that can cope with modern air de- after F–22s secured the airspace and does not ditional budgets, virtually none of fenses such as those possessed by Iran. The have the inherent altitude and speed advan- tages to survive every time against peers them will have any stealth capability, Navy UCASS demonstrator program may produce such a system in several years for with electronic countermeasures. and they will be useless in a situation carrier-based operations only. However, to- America has no unmanned systems pro- that requires penetrating denied air- gether, China and Russia have 12 open pro- grams in production today that can cope space. duction lines for fighters and fighter bomb- with modern air defenses such as those pos- In other words, if we need to fly a ers. Only 5 F–35s are flying today. The F–35 sessed by Iran. (The Navy UCAS demon- UAV into a country—and there are a has completed less than half its testing. De- strator program may produce such a system number of countries in the world today velopmental tests will not be complete until in several years for carrier-based operations 2013. It is impossible to assess the full capa- only.) However, together China and Russia that have the Russian-made SU–30 sur- have 12 open production lines for fighters face-to-air missiles—those UAVs get bilities of the F–35 until operational test is complete in 2014. and fighter-bombers. shot down every single time. The F–22 Only five F–35s are flying today. The F–35 is the only weapon system in our in- Let me just add right here, in the has completed less than half its testing. De- ventory that has the capability of pen- history of the United States of Amer- velopmental test will not be complete until etrating that airspace and firing not ica, when it comes to tactical aircraft, 2013. It is impossible to assess the full capa- one shot, not two shots, but three shots we have never ever purchased a tac- bilities of F–35 until operational test is com- tical air fighter while it was still in plete in 2014. and getting out of that enemy terri- The USAF will not have a robust F–35 force tory before the enemy ever knows the test and development stage. We always allow that to be completed because we structure for another ten years. In addition, F–22 is in the theater. There is nothing the Pentagon removed funding for the F–35 in our inventory or on the drawing know there are going to be defi- to reach the rate of 110 per year as desired by board that has that kind of capa- ciencies. the Air Force. bility—certainly not the UAVs. Going back to the letter from Ms. Departing Air Force Assistant Secretary As they did in hearings before the Grant: for Acquisition Sue Payton recently warned of potential cost growth in F–35 upon her de- Armed Services Committee, Secretary The United States Air Force will not have a robust F–35 force structure for another 10 parture. Cost growth or a Nunn-McCurdy Gates and Admiral Mullen also do not breach could slow down the rate at which the address the issue of surface-to-air mis- years. In addition, the Pentagon removed funding for the F–35 to reach the rate of 110 USAF takes delivery of F–35. The letter misrepresents the position of siles and that the F–22 is more capable per year as desired by the Air Force. Depart- former Chairman of the Joint Chiefs of Staff against those systems. ing Air Force Secretary for Acquisition Sue General Richard Myers. Lastly, their letter notes the decision Payton recently warned of potential cost to terminate the F–22 program at 187 growth in F–35, upon her departure. Cost Mr. CHAMBLISS. As I mentioned has been consistent across administra- growth, or a Nunn-McCurdy breach, could earlier, we see this debate and vote tions. Again, let me just say it was slow down the rate at which the United about the need to maintain the ability Secretary Gates himself, as the Sec- States Air Force takes delivery of the F–35. to win current wars and to guard retary of Defense at the end of the The letter misrepresents the position of against future challenges. While re- former Chairman of the Joint Chiefs of Staff specting Secretary Gates and his desire Bush administration, who decided to General Richard Myers. procure additional F–22s. We just pro- to emphasize winning current conflicts, I ask unanimous consent to have cured those four F–22s in the supple- we feel his stance with respect to the that letter printed in the RECORD. mental we passed a month ago, or 6 F–22 does not adequately account for There being no objection, the mate- weeks ago—that is additional F–22s be- other kinds of threats. rial was ordered to be printed in the yond the program of record—to keep Specifically, I find DOD’s assumption RECORD, as follows: the option for additional F–22 procure- that F–22s will only be required in one ment open for the next administration. From Rebecca Grant, Director, Mitchell In- major contingency or theater to be to- So that has not been a decision of pre- stitute for Airpower Studies, Air Force tally unrealistic. This is the assump- Association. vious administrations. It is this admin- tion the 187 number is based on. Given istration that is making the decision In the letter of July 13 from Admiral the ability and proliferation of ad- Mullen and Secretary Gates, the character- to terminate the best tactical airplane vanced surface-to-air missiles which ization of F–35 as a ‘‘half generation newer require stealth to counter, and numer- ever conceived in the history of the aircraft than F–22 and more capable in a world. number of areas such as electronic warfare ous hostile nations’ desire for these In relation to the letter sent yester- and combating enemy air defenses’’ is incor- SAMs, the likelihood of an adversary day from Secretary Gates and Admiral rect and misleading. outside east Asia requiring these sys- Mullen, I would like to quote from a Air Force Secretary Donley and General tems in the near to midterm is increas- letter I received from Rebecca Grant, a Schwartz have repeatedly stated: ‘‘The F–22 ingly likely. military expert who is at the Mitchell is, unquestionably, the most capable fighter In fact, in the press recently there in our military inventory.’’ (Washington have been reports about a potential ad- Institute for Air Power Studies. Here is Post, April 13, 2009.) what she says: versary seeking to buy the S–30s from The F–22 was designed with twice the Russia. The F–22 is the only weapon In the letter of July 13, from Admiral fighting speed and altitude of F–35 to pre- Mullen and Secretary Gates, the character- serve US advantages in the air even if adver- system America has that is capable of ization of F–35 as a half generation newer saries contest our electronic counter- penetrating the S–30. There is a follow- aircraft than F–22 and more capable in a measures or reach parity with us. on, more sophisticated surface-to-air number of areas such as electronic warfare For example, the Russian-made Gardenia missile being produced by the Russians and combating enemy air defenses is incor- series jammer fits the Su–27 or MiG–29 air- today. That missile, again, will pro- rect and misleading. Air Force Secretary craft and detects radar signal threats and de- liferate around the world at some point Donley and General Schwartz have repeat- feats them by processing and returning the in time, and the only weapon system in edly stated, ‘‘The F–22 is unquestionably the same signals with jamming modulation. This the inventory of the United States that most capable fighter in our military inven- jammer has been exported to nations such as tory.’’ And citing a Washington Post article Israel which may have modified and im- has capability of penetrating airspace of April 13, 2009: proved the jammer. It is made by the Kaluga where those weapons exist is the F–22. The F–22 was designed with twice the Scientific Institute of Radio Technology The administration’s current plan for fighting speed and altitude of the F–35, to which has other advanced jammers in the F–22 basing would result in no F–22s preserve U.S. advantages in the air even if works. being stationed in Europe or being

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The F–22 is the only proven At the press conference announcing 187 F–22s being purchased. fifth-generation fighter in production. his budget recommendations on April Mr. President, 180 combat deployed The Air National Guard is charged 6, 2009, Secretary Gates said there was F–22s allows us to quickly win major with providing homeland air defense no military requirement—I emphasize contingencies with a moderate risk. for the United States and is primarily that, ‘‘military requirement’’—beyond Lower numbers of F–22s would sacrifice responsible for executing the air sov- 187 F–22s, and the Air Force agreed. global coverage during a major contin- ereignty alert mission. In addition to On this specific issue, either Sec- gency, encouraging adversaries to take the over 1,600 Air National Guard men retary Gates misspoke or he was given advantage of a diminished ability to and women who carry out this mission incorrect information. In any case, this ensure air sovereignty. Out of dozens of on a daily basis, the Air National statement has been repeatedly contra- studies conducted by DOD regarding Guard relies on legacy F–15 and F–16 dicted by his Air Force leadership. the F–22, every study except one rec- fighter aircraft. The Chief of Staff of the Air Force, ommended procuring at least 243 F–22s. The projected retirements of these General Schwartz, in February of 2009, The one study that did not was con- legacy aircraft—and we have in this said he suggested he would request ducted by the DOD staff without any budget that we are going to retire 250 some additional 60 F–22s and present Air Force input and was based on the F–15 and F–16s. I have no reason to analysis supporting that number to the assumption that F–22s would only be think we will not retire at least an- Secretary of Defense during formula- required in one scenario, which, as other 250 next year, and this trend is tion of the fiscal year 2010 budget. He stated earlier, is an unrealistic as- going to continue. commented that this request was driv- sumption. Those retirements leave the Guard en by analysis as opposed to some General Schwartz and Secretary of short of the required number of air- other formulation and spoke of 243 as the Air Force Donley have spoken craft to execute this mission. GAO has being a moderate-risk number of F–22s. often on this issue in the last several commented: On April 16, 2009, after Secretary months, including an op-ed they put in Unless the Air Force modifies its current Gates’s budget announcement, while the paper on April 13. I understand fielding schedules or extends the service there is another letter coming from lives of the F–15s and F–16s, it will lack via- speaking at a National Aeronautics As- ble aircraft to conduct ASA operations at sociation event, General Schwartz stat- them. I look forward to reading it, al- some of the current ASA sites after fiscal ed, regarding the F–22: ‘‘243 is the mili- though I am not sure it can say any- year 2015. tary requirement.’’ He commented that thing new. The F–15 has been a great airplane. In order to better understand his po- 243 would have been a moderate-risk The F–16 has been a great airplane. It sition, I, along with six other Senators, inventory. has served us so well over the 30 to al- sent General Schwartz a letter on May On May 19, 2009, before the House most 40 years we have been flying Armed Services Committee, General 4 of this year. Let me quote from his those airplanes. In my home State at Schwartz testified 243 is the right num- letter. General Schwartz stated: Robins Air Force Base, we have an Air ber of F–22s. Before the Senate Armed We have been consistent in defining a long- Force Depot, a maintenance depot for term requirement of 381 F–22s as the low-risk Services Committee on April 21 of this aircraft. Last year, an F–15 literally year, General Schwartz said he gauged fleet, and 243 as the moderate-risk for both warfighting capability and fleet fell out of the sky. It crashed. the risk of a fleet of 187 F–22s as ‘‘mod- sustainment. The F–22 program of record Those airplanes were immediately erate to high.’’ represents the minimum number for current sent to Robins Air Force Base. A num- Mr. President, 187 F–22s puts America force planning at higher risk. While 60 more ber of those airplanes were sent to Rob- in a ‘‘moderate to high’’ risk category, F–22s are desirable, they are simply ins Air Force Base to be checked out. according to the Chief of Staff of the unaffordable. They figured out what the problem United States Air Force. I think these comments from General was. We have now fixed the problem. There have been other generals who Schwartz confirm what we all already But that is the kind of aircraft we are have made statements with respect to know, that the decision to limit pro- putting our brave men and women who the F–22. I commend these gentlemen duction to 187 is budget driven, pure are flying for the U.S. Air Force in because they are, frankly, putting and simple, and 187 is a high-risk fleet today, and we are talking about ex- their military future at risk. I know and does not meet the full military re- tending the life of those airplanes for a they probably received some harsh quirement. period of time to meet the mission of phone calls from the leadership. But I I would simply like to ask my col- the National Guard. know this too. They have also received leagues: Why should the United States No plan has been developed to fill the a lot of calls from majors and captains of America accept a moderate to high- shortfall through either modernized and lieutenants and Air Force academy risk situation in our ability to carry legacy aircraft or new aircraft procure- students today, as well as Army foot out the mission of the United States ment if we stop the production of F–22s soldiers, just like I have. I know they Air Force in the first place? at 187. Some 80 percent of the F–16s have gotten those phone calls because I Substituting F–22s with other air- will be gone in 8 years. have gotten those phone calls thanking craft will not serve the Nation’s inter- According to LTG Harry Wyatt, the me for being willing to stand up and est. Some have suggested filling the re- Director of the Air National Guard, the say: Mr. Secretary, you are wrong maining F–22 requirements with other nature of the current and future asym- about this, and we need more F–22s. aircraft such as the F–35, the Joint metric threats to our Nation requires a Air Combat Command holds the need Strike Fighter. I am a big fan of the fighter platform with the requisite for 381 F–22s to provide air superiority Joint Strike Fighter. It is going to be speed and detection to address them. to our combatant commanders and pro- a great airplane. But as Ms. Grant stat- The F–22’s unique capability in this tect against potential adversaries. ed, we have five flying today that are arena enables it to handle a full spec- General Corley, who is the Com- being tested. We are simply a long way trum of threats that the Air National mander of Air Combat Command, stat- away from the F–35 reaching a full pro- Guard’s current legacy systems are not ed that a fleet of 187 F–22s puts execu- duction rate and having the capability capable of addressing. Basing F–22 and tion of our national military strategy for which it was designed. That mission eventually F–35s at Air National Guard at high risk in the near to midterm. that the F–35 is being designed for is locations throughout the United Air Combat Command analysis shows a entirely different from the mission of States, while making them available to moderate risk force can be obtained the F–22. rotationally support worldwide contin- with an F–22 fleet of approximately 250 The Joint Strike Fighter is designed gency operations, is the most respon- aircraft. for multirole strike missions and not sible approach to satisfying all our Na- The F–22 underpins our ability to dis- optimized for the air dominance mis- tion’s needs. suade and defer. Simply put, 243 gives sion of the F–22. All the force structure So the F–22 is not just needed to us the required global coverage with studies have determined that a com- counter international threats, but as

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 14, 2009 CONGRESSIONAL RECORD — SENATE S7461 we look at a map of the United States need for an exportable version of the F– tractor is producing a high-quality air- and we look at our various Air Na- 22. General Myers stated: craft. In military aircraft production, tional Guard locations around the Japan’s F–15J force, once top of the line, is the highest standard for quality is zero country, we need the F–22, according to now outclassed by the new generation of Chi- defect. A zero-defect aircraft is evalu- the Air National Guard, to supplement nese fighters such as the SU–30MKK. More- ated by the customer to be perfect in the support that is going to be required over, China’s air defenses, which include all respects. In 2008, nearly one-half of for the mission of the Air National variants of Russian-made long-range SA–10s the F–22 deliveries were evaluated to be and SA–20s, which is the S–300 family mis- Guard. siles, can only be penetrated by the fast, zero defect—an exceptionally high Let me, for 1 minute, talk about an- high-flying stealthy Raptor or the F–22. Ja- level of aircraft quality. other issue that is a part of this overall pan’s defense ministry has studied the prob- Still to this day, no one can say for long-term mission of the F–22, and that lem closely and has produced a very impres- sure, with any analysis to back them is foreign military sales. The F–22 is sive tactical rationale for buying the F–22 if up, that 187 F–22s is enough. The F–22 such a technologically advanced weap- its sale is approved by the United States should be viewed in the collective as a ons system that a decision was made Congress. tool in the toolbox. several years ago that we were not Only under the umbrella of air supe- Detractors argue that the F–22 is sin- going to share this technology with riority that the Raptor provides can gle-purpose. Throughout history, we other countries, as we have done with U.S. military endeavors succeed. have been effective in adapting the the F–16 and the F–15, and heretofore Let me quote from another well-rec- tools we have to the needs we have. All basically all our aircraft. ognized individual, retired GEN Barry one has to do is to look at what we are That was probably the right decision, McCaffrey, on the need for adequate doing today with the B–52. That air- to a point. But today, with respect to numbers of F–22s. This statement is plane is 50 years old—older than that; the F–35, we are sharing technology on about a year and a half old, but it is it may be 60 years old. There was a that airplane, which is based upon the applicable today. point in time when we thought we technology of the F–22, with the Brits, There is no single greater priority for the would retire all of the B–52s. It is a who are our primary partner with re- coming 10 years for the U.S. Air Force than bomber. What are we doing with the B– spect to the development and the pro- funding, deploying, and maintaining 350 F–22 52 today? Today, the B–52 is flying duction of the F–35. Raptor aircraft to ensure air-to-air total close air support for our troops in Af- So we have made a decision we are dominance of battlefield airspace in future contested areas. ghanistan. The SSBNs are being used going to share the stealthy technology The F–22 provides a national strategic by our special operations men and primarily that is available on the F–22 stealth technology to conduct—long-range women, and they are doing a very ef- and the F–35 with the Brits. The F–22 (Cruises at high supersonic speed without fective job. and the F–35 contain a lot of other afterburner) penetration (at altitudes great- A general once said that the most technologically advanced assets. But er than 15 kilometers)—undetected into any tragic error a general can make is to we now have the opportunity to de- nation’s airspace at Mach 2-plus high speed— assume, without much reflection, that velop and produce a somewhat toned- and then destroy key targets (aircraft or wars of the future will look much like missiles on the ground, radar, command and down version of the F–22 to other coun- control, nuclear stockpiled weapons, key wars of the past. If we are going to pass tries. For the last several years, we leadership targets, etc)—and then egress a budget and develop a weapons system have had interest expressed in a very with minimal threat from any possible air- inventory that is based upon the wars serious way from other countries. One to-air or air defense system. It cannot be de- of the past, then we are headed in the of those countries has been to see me, feated in air combat by any known current wrong direction. The war we are fight- about 3 weeks ago, and said they are or estimated future enemy aircraft. ing today is entirely different from any dead serious about looking it pur- That is coming from a ground sol- conflict in which we have ever been en- chasing the F–22 as soon as the foreign dier, somebody who depends on that F– gaged. We have been wrong every sin- sales version can be made available. 22 and, heretofore on the F–15, to main- gle time when it comes to predicting I happen to know there are other tain air dominance and air superiority the next adversary we will have. countries that have talked to the con- so the ground troops under his com- Senator MCCAIN mentioned the July tractor as well as the Department of mand can have the assurance in know- 10 Washington Post article on the per- Defense about the potential, down the ing that they can move freely without formance and maintainability of the F– road, for the purchase of that airplane. the threat of enemy aircraft. 22. Let me say that we know nothing Obviously, the contractor cannot get Without more than 187 aircraft, we appears on the front page of the Wash- involved in it, but the Department of are not going to be able to guarantee ington Post by accident, particularly Defense has consistently said: We have the foot soldier on the ground that ca- the week before an important vote. I made a decision to this point that we pability. The F–22 Raptor is in produc- guess I ought to be flattered by the at- are not going to share that technology tion and is operationally deployed tention. But for the record, the same with other countries. around the world. Continued F–22 ac- reporter who wrote that article on the Well, we live in an entirely different quisition is low risk, as the aircraft has day of an important hearing in relation global world today than we did 10 years successfully completed its development to the F–22 multiyear contract in 2006 or 20 years ago. So it is time we started program and passed a stringent set of is the same author of the July 10 arti- thinking about the potential for for- real-world tests. By all measures, the cle. eign sales of the F–22. Japan has been a F–22 is now a model program and con- The article in question bore abso- very trusted and reliable ally. They tinues to establish industry bench- lutely no relation to the issues at need the best aircraft available to de- marks for an aircraft production pro- stake. Nevertheless, it led to a new fend themselves over the long haul. Be- gram. study on the savings that would be cause they are an ally of ours in the The F–22 program is on budget. The achieved through a multiyear contract, part of the world in which they exist contractor team is currently delivering a study which was conducted at gov- and because that part of the world has 20 F–22s per year under a 3-year ernment expense. Despite the article’s the potential for the development of multiyear program that was approved obvious attempts to obscure the facts future adversaries, it is critically im- by Congress 3 years ago. The multiyear and issues in the situation, that new portant that we continue—and I em- contact is firm, fixed price, meaning study, done pursuant to request of this phasize that because we have sold them that the U.S. Government is buying a body, concluded that the multiyear tactical aircraft in previous years—it proven capability with no risk of cost contract would save twice as much as is important that we continue to share growth. It is ahead of schedule. In 2008, the previous study. the latest, most technologically ad- every F–22 delivery was ahead of con- Just briefly in relation to the Wash- vanced weapons systems with friends tract schedule. ington Post article, by close of busi- and allies such as the Japanese. This ahead-of-schedule performance ness the day the article was published, Let me read you a statement from continues into 2009. Since early 2006, the Air Force had already issued a re- former Chairman of the Joint Chiefs of every F–22 has been delivered on or buttal. It concluded that of the 23 Staff GEN Richard Myers regarding the ahead of contract schedule. The con- claims in the article, only 4 were true,

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VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE Insert offset folio 377/5 here ES14JY09.005 S7468 CONGRESSIONAL RECORD — SENATE July 14, 2009 Mr. CHAMBLISS. The Washington ranking member of the Armed Services form legislation authored by Senators Post article is unique in some ways. I Committee themselves have stated, LEVIN and MCCAIN. Let me say that my guess it may be SOP for articles that there is a good deal of risk in the F–35 inspiration for this particular offset are somewhat vicious and where they program, and there is additional risk in was Senators LEVIN and MCCAIN. I contain as many errors as the Air what we need to put in place today thought they did a great job with that Force has pointed out with the facts when it comes to the lives of our men bill. I hope we can continue to improve supporting the errors that were made; and women who are fighting our con- it because it is an area where we have that is, the July 10 Washington Post flicts and who are flying these air- to work harder to avoid wasteful article was based upon unnamed planes. spending. sources. It was based upon a couple of The history of Defense programs, and The chairman included a nearly iden- folks who said they were fired either by aviation programs in particular, has tical provision as mine in S. 1416, the contractor or by the Air Force. We been remarkably consistent, particu- which was the Senate version of the take that for what it is worth. larly when it comes to building pro- fiscal year 2002 Defense authorization One of the complaints cited in that grams that represent a leap in tech- bill. That bill assumed a savings of $1.6 article was the fact that there are nology. They cost more. They take billion based on acquisition reform problems with the skin on the F–22. longer. They have more problems than bills and the SASC bill for that year. Let me back up a minute and talk we expect. GAO has criticized the F–35 However, unlike my provision, which about the sophistication of this air- approach, and they, as well as the lead- assumes savings already in law because plane. There is a problem with the ership of our committee, have stated of passage of the Levin-McCain bill, skin. That has been a problem. What that not performing sufficient develop- savings assumed by the chairman were we have to remember is that we have ment testing before we proceed to pro- based on provisions that were not yet never had an airplane that could fly curement is one of the primary drivers enacted and, based on the conference with the capability that this airplane for cost increases and schedule delays process, may never have been enacted. has, that could fly completely unde- in major programs. That is exactly Based on inflation and large increases tected, completely through any radar what is being proposed with respect to in the DOD budget since then, that is system of the most sophisticated na- the F–35. probably the equivalent of $2 to $2.5 ture of any potential adversary in the I am a supporter of the F–35. We are billion today. In any case, this is a tre- world. The reason this airplane can do going to build far more of them than mendous amount of savings, and my that is because it is made of substance we are F–22s. But I am not the only ob- amendment would assume far less. The and material that is unique and dif- server to state that we should think offset is based upon predicted savings ferent to this airplane, including the twice about staking the future of our in the fiscal year 2010 budget based on skin on the airplane. Are we going to TACAIR fleet on a program that has recently passed acquisition reform leg- have problems with something that is only five test aircraft flying today. islation such as the Weapons System that unique and has never been used I wish to talk briefly about the off- Acquisition Reform Act, Public Law before on any tactical air fighter? You sets included in our amendment which 111–23, also the business process re- bet we are. are in the mark used to fund the pur- engineering provision in the SASC The position of the folks who are in chase of these additional seven F–22s. mark and other management effi- support of this amendment is that we Senator LEVIN talked about the offset ought to stop production of the F–22 at length. I would like to respond to ciencies and business process reforms. and buy the F–35 at a faster rate. Even some of his comments. Most impor- Senators MCCAIN and LEVIN and if we do that, if we have F–35s flying tantly, there is absolutely nothing in President Obama are correct. Savings tomorrow, they are going to have ex- the offset we used and nothing that has from this acquisition reform measure actly the same maintenance issues as not been used by the Senate Armed could greatly exceed that number, be- the F–22. The F–22 is the model upon Services Committee or the chairman cause in their press conference after which the Joint Strike Fighter is himself in previous bills. the successful passage of that bill, they based. So let’s don’t kid ourselves. We Just last year, Senator LEVIN re- all three talked about the tremendous are not taking an airplane that costs X duced military personnel funding by savings. I agree with them. That is and substituting it with an airplane $1.1 billion, which is significantly more going to happen. That is what we used that costs half or three-quarters of X. than what my amendment reduced it as part of our offset. That is not going to be the case. Mis- by. For the MILPERS and O&M reduc- I want to end where I started, by takes have been made—surely—but it tions in my amendment and the mark- agreeing with John Hamre. John is the first time we have ever had a up, in each case the amendment takes Hamre says: weapons system like the F–22 manufac- either less or approximately the same tured by anybody in the world. From amount as the House Armed Services Congress can and should legitimately ques- tion spending priorities. the mistakes we have learned. We are Committee bill did for this year. In going to have a better F–35. But that every case, the amendment takes less Not only is it appropriate but necessary for the Congress to pass final judgment on this F–35 is going to have the same skin than the GAO reported average under- question. problem. It is going to have the same execution/unobligated balances in weight problem the F–22 had, the F–15 Secretary Gates has rendered his judg- those accounts. This includes the cuts ment. . . .But it is the duty and obligation of had, the F–16 had, and probably every the Senate Armed Services Committee members of Congress to question his rec- airplane we have ever developed. It is already took in their mark. ommendations [and his analysis]. going to have the same maintenance The SASC bill itself notes that GAO issues we are having with the F–22 estimates that DOD has $1.2 billion in There is absolutely nothing unique or today. unobligated O&M balances and $588 in the least bit wrong about what we Although the article was wrong in million under-execution in the Air are doing. Not to do so would be to ab- one major area with respect to mainte- Force civ pay accounts. This is from dicate the role with which the Con- nance, the article says the mainte- actual language in the Senate report. stitution and the American people have nance of the airplane was having a suc- In the civilian personnel area, the entrusted us. If President Obama be- cess rate of 55 percent. That is wrong. GAO reports conclude that more fund- lieves the additional funding for these As the Air Force points out, between ing is available than what my amend- F–22s warrants a veto threat, even 2004 and today, the successful mainte- ment takes. The GAO report takes into though that funding addresses an nance rate on those airplanes has gone account the expansion of acquisition unmet military requirement, then that from 64 to 69 percent. personnel who will be hired this year. is his decision. Our job in Congress, as The future of TACAIR for the United Regarding MILPERS, GAO analysis John Hamre has indicated, is to look at States likely does reside in the F–35 suggests that there is on average $1 bil- the facts, weigh the risks, and render and not with the F–22. Even if we keep lion available. My amendment leaves a the judgment. That is our role—our buying F–22s, it will never match the balance of $200 million in that account. independent role—in the process, and number of F–35s we will eventually The chairman also commented on the we should accept it and use our best buy. Everyone hopes, as I do, that the provision in my amendment that as- judgment to decide what is right for F–35 succeeds. But as the chair and the sumes savings based on acquisition re- the Nation.

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 14, 2009 CONGRESSIONAL RECORD — SENATE S7469 With that, Mr. President, I yield the raises. That assumes the Congress sets the F–22 and the work my colleagues, floor. the civilian pay raises at the same Senator LEVIN and Senator MCCAIN, Mr. MCCAIN. Mr. President, I rise for level as the military pay raise of 3.4 have done. But I want to speak about two purposes. One is to make a quick percent. another amendment I have offered that response to the remarks of Senator The other two ‘‘offsets’’ are $400 mil- I hope might gain acceptance as we CHAMBLISS concerning the F–22 and a lion from military personnel funding. move forward, and that is an amend- couple of remarks about what I under- Much of the funding in the military ment to the Defense authorization bill stand is going to be next on the agenda personnel accounts is entitlement driv- that would require contracting officials which will be proposed by the majority en. Thus, there is limited flexibility to in the Pentagon to take into account leader, which is a hate crimes bill, absorb these reductions without affect- evidence of bad past performance by a which is very difficult for me to under- ing the readiness of U.S. forces. These contractor when deciding who should stand. reductions will directly translate into get future contracts. Senator CHAMBLISS very appro- cuts to recruiting and retention bo- You might think that contracting of- priately pointed out that many times nuses incentives and other important ficials would already be required to when we put together an authorization programs such as covering the cost to take past performance into account. bill, we find offsets, as we call them— move members and their families to But the fact is, that is not now re- ways of paying for whatever item we new assignments. It will affect unit quired over in the Pentagon. I want to want to add in the authorization bill. readiness by hindering the services’ go through some thoughts with you But I think it is important for us to ability to meet end strength goals and about this issue very quickly. point out that the Chambliss amend- fully staff operational units with crit- I have held 19 hearings on contractor ment during the markup, while putting ical personnel prior to deployment. If waste, fraud, and abuse. I have to say, this bill together, provided $1.75 billion Congress sustains these reductions, the going back some years now, we have for F–22 procurement. It took funds services will need to submit a re- had the greatest amount of waste and from presumed unobligated balances of programming action to make sure our fraud and abuse by contractors than we several accounts. In all candor, they military forces are fully supported. have seen in the history of this coun- were unjustified assumptions. Finally, the Senator from Georgia as- try. Let me give you some examples. The amendment cut $850 million from sumes $500 million in first-year savings Shown on this chart is a man named O&M accounts, which is operations and from the Weapon Systems Acquisition Efraim Diveroli, 22 years old. Oh, by maintenance. That means the oper- Reform Act, which he referred to in his the way, he is the CEO of a company. ating, the maintenance, the equipping, remarks. I am very proud to have That is right, the president and CEO of a company. The company is a shell the replacement of very much needed worked under the leadership of Senator company his father used to have. But parts and supplies that provide for the LEVIN and together coming up with a he took it over, and he hired a vice readiness of our troops, enabling them very important piece of legislation, president, as a matter of fact. The vice to stay ready for today’s conflicts and strongly supported by the President president’s name is David Packouz, 25 for tomorrow’s challenges. The account and the Secretary of Defense, to reform years old, the former vice president of also covers day-to-day costs of the De- the way we acquire weapon systems. the company. He is a massage thera- partment. This includes items such as The cost overruns have been out- rageous, as we know, throughout the pist. So this is a company in Miami, training, maintenance of ships, air- past few years. But there is no one—no FL, that does business out of an un- craft, combat vehicles, recruiting, edu- one in our wildest imagination—who marked door. Through the best evi- cation support, procurement of general believes that in the first year of acqui- dence, there are only two employees— supplies and equipment, and repairs sition reform we will save $500 million. a 22-year-old president and a 25-year- and maintenance of Department of De- I would love to see that happen. I old massage therapist who is the vice fense facilities. president. Well, guess what. These two Our military is engaged around the would love to see pigs fly. But we are not going to save $500 million in the guys got $300 million in contracts from world. It is irresponsible to cut the re- first year of a piece of legislation that the U.S. Government. Can you imag- sources they rely on to prepare suc- has not been implemented and would ine, $300 million in contracts from the cessfully for their mission to protect not be for some period of time. Pentagon? the United States and its security in- So I am very flattered by the reliance There have been arrests in this case. terests worldwide. We owe it to our of Senator CHAMBLISS on $500 million But the question is, Why? I called a military to provide them with every re- in savings from the legislation we re- three-star general to my office to say: source. Based on historical data, the cently passed through the Congress and How on Earth could you have done reductions that are in the Chambliss that has been signed by the President that? How could you possibly have amendment to pay for the additional of the United States, but in all due re- done that? Did you not check? $1.75 billion would affect the following spect, it is totally unrealistic. So what I checked. These guys also had some areas: Army’s training and operating we are really doing is adding $1.75 bil- small contracts with the State Depart- tempo, including training additional lion and not accounting for ways to re- ment which turned out to be bad con- helicopter crews for irregular warfare duce spending or impose savings in any tracts. But they could have at least missions; Navy’s depot maintenance other way. done a small amount of checking be- for surface ships; Air Force’s depot But I also understand and appreciate fore committing $300 million of the maintenance and contractor logistical the passion, commitment, knowledge, American taxpayers’ money. What support for critical aircraft and un- and contributions of Senator they did for that money was ship a manned vehicles; and the special oper- CHAMBLISS of Georgia. There is no bunch of shoddy products over to Af- ations command missions support and more valued member of the Senate ghanistan to the military, bullets and training of its forces. Armed Services Committee. We simply guns that were dated from the 1960s. Furthermore, a reduction of this have an honest disagreement on this That is one of the reasons this com- magnitude would affect the Secretary’s issue. I appreciate the many qualities pany and these fellows ran afoul of the initiatives to hire and train additional of the F–22 aircraft and the enormous law. But the question is, How did all acquisition professionals needed to im- contribution it makes to our Nation’s this happen? prove the Department’s ability to con- security, but the fact is, we don’t need This guy, as shown in this picture, tract, develop, and procure weapon sys- any more of them. That comes from with a striped shirt is named Frank tems and to replace contractors with the Secretary of Defense, the Secretary Willis. This is he, in the striped shirt. Federal employees, thereby reducing of the Air Force, and others involved in He is holding a Saran-wrapped pack of the $1.2 billion in savings that is re- these issues for a long period of time. money. This is part of a couple million flected in the budget. The PRESIDING OFFICER (Mr. dollars that went to a company called In addition, these accounts will have UDALL of Colorado). The Senator from Custer Battles. This is he, by the way, to absorb the increased cost of fuel North Dakota. in Iraq. He said: Our motto was, You that has occurred since the budget was Mr. DORGAN. Mr. President, I will bring a bag because we pay cash. He is submitted and additional civilian pay perhaps come back later to speak on talking about defense contracting.

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7470 CONGRESSIONAL RECORD — SENATE July 14, 2009 Custer Battles is alleged to have fees, bonus fees, to the company that The question is, What do we do about taken—they were going to provide se- did shoddy work. all that? curity for the Baghdad Airport, which As a result of my hearing, they sent I have proposed an amendment that had no commercial airplanes flying in a task force over to investigate all of is pretty simple. It is interesting. and out. It was alleged they took the the buildings in Iraq. The fact is, we There is currently no requirement that forklift trucks off the airport and put have testimony and evidence that contracting officials over in the DOD them in some sort of machine shed and there was a massive amount of wiring have to take into account shoddy work repainted them blue and then sold that was done improperly that put sol- practices or shoddy performances by them to the Coalition Provisional Au- diers at risk. Yet the Pentagon pro- contractors. There is a requirement thority. So you bring a bag because we vided award fees, which are fees de- they take into account criminal ac- pay cash, it was said. signed only for excellent performance, tions, civil fines, that are leveled Here is what the guy over at the of $83 million of the taxpayers’ money against contractors. But there is no re- Baghdad Airport said. I am just telling to a company that did shoddy work; quirement they must consider bad past you all this because I held 19 hearings. work sufficient so we had to come back performance. It is unbelievable, but it I have done 19 of them. Here is what around and do what is called, I believe, is true. the guy who is the airport director of a corrective action request order, I offer an amendment that says, Do security said in a memo to the Coali- where you had to go back and inspect you know what, the time is past when tion Provisional Authority. Here is everything and redo the work. The bad performance by big contractors what he said about Custer Battles, question is, How is all this going on? gets you a slap on the wrist and a pat which was given the contract. They got Let me describe the story of Bunny on the back and another contract. It is over $100 million in contracts. Greenhouse. A lot of people do not time—long past the time—we put an know Bunny Greenhouse. What an ex- end to this. Custer Battles have shown themselves to be unresponsive, uncooperative, incom- traordinary person she is. She grew up I know my colleagues, Senator LEVIN petent, deceitful, manipulative and war prof- in southern Louisiana in a family who and Senator MCCAIN, feel strongly iteers. Other than that they are swell fel- had nothing. Two in their family teach about this issue as well. I appreciate lows. college. Her brother is Elvin Hayes, one the work they have done. All of us need Think of it. So what do we think of of the top 50 basketball players of all to do everything we can to assure the these contractors? They got a lot of time. Bunny Greenhouse has a couple American taxpayers they are getting the taxpayers’ money. of master’s degrees, is very well edu- their money’s worth. Defense is some- This is a picture of Cheryl Harris cated, and rose to become the highest thing we invest in for this country. It with her son Ryan Maseth, a Green civilian in the Corps of Engineers over is very important. Beret, Special Forces. Ryan, unfortu- in the Pentagon. Here is what she tes- As I conclude, I want to say this: I nately, tragically was killed in Iraq— tified to with respect to some of the put together a chart, and I am going to no, he was not shot by some insurgent; contracting that went on. She lost her speak about it in the next day or two. he was electrocuted in the shower. His job as a result of having the courage to But it relates to this question of the F– mother Cheryl was told that they speak publicly. 22. This chart shows Federal budget thought maybe he went into the show- I can unequivocally state that the abuse deficits. We are on an unsustainable er carrying a radio and therefore was related to contracts awarded to KBR rep- path. It is not a Republican path or a resents the most blatant and improper con- Democratic path. It is just an electrocuted. It turns out that was not tract abuse I have witnessed during the unsustainable path that cannot work the case at all. The fact is, he took a course of my professional career. for this country’s future. shower in a place where the wiring had For that, she lost her job. Take a look at this chart. Here is the been done improperly. Why? Because It is not just KBR. I mentioned Cus- middle of a deep recession, $1.9 trillion Kellogg, Brown, and Root, which was ter Battles, Efraim Diveroli. How in deficits, and then it gets a little bet- paid to do the wiring, hired third-coun- about Parsons Corporation? ter, and then goes back down. try nationals in most cases who could This, by the way, is a photograph We are on an unsustainable path, and not speak English and did not know every American should remember when it does not matter what you are talk- the wiring codes, and they wired up a you talk about waste and fraud and ing about, whether you are talking shower and this poor soldier lost his abuse. This is called ‘‘The Whale.’’ This about an airplane or some other area of life because he was electrocuted in the picture is a picture of a prison in Iraq Federal budget responsibility. We fi- shower. that was never completed and will nally have to decide: Things have I held hearings about that. Eric Pe- never be used. Mr. President, $31 mil- changed. We have to invest in things ters, who was working in Iraq as an lion was paid to the Parsons Corpora- that provide dividends for this coun- electrician, said: Third-country nation- tion for building a prison the Iraqis try’s future. We cannot continue to als performed the majority of KBR’s said they did not want and would not spend money we do not have on things electrical work. Most have absolutely use. The $31 million was colossally we do not need. That is not a sustain- no knowledge of the National Electric wasted in unbelievably bad construc- able course for this country. Code or British Standards, and the tion. That is after this same company So I will speak more about these quality of their work reflects that. was given a couple hundred million issues, including the F–22, at some Much of this work is not clearly in- dollars to rehabilitate 140 health clin- other point. But let me thank my col- spected by licensed electricians. I per- ics in Iraq, and we were told later that league, Senator LEVIN, and my col- sonally have refused to sign off on most of those health clinics are imagi- league, Senator MCCAIN as well. work they have performed because I nary, quote/unquote. They do not exist. The PRESIDING OFFICER. The Sen- knew it was not up to code. That is Well, the money is gone. The $200 mil- ator from Michigan. what we paid for, and some soldiers lion is gone. But the health clinics are Mr. LEVIN. Mr. President, very brief- have lost their lives. imaginary. ly, let me thank Senator DORGAN for This list goes on and on and on. Well, the same company was con- his extraordinary work in the area of Eric Peters, a brave soul who worked tracted to build the prison in Iraq. It is waste, fraud, and abuse, not just in the in Iraq to do electrical work, worked called the Kahn Bani Sa’ad prison, but area of the Department of Defense but for KBR. He came back and testified: I it is referred to as ‘‘The Whale.’’ Here in so many other areas as well. He is concluded that KBR was not capable of is what it looks like, as shown in this surely a foremost leader in this institu- performing quality, legal, electric in- picture. We spent $40 million. The first tion in this effort, and the oversight stallations in Iraq. I worried every day $31 million was paid to Parsons. An- work he has been able to do is surely that people would be seriously injured other $9 million was paid to an Iraqi cutting-edge with the kind of leader- or killed by this defective work. contractor. And here it sits in the ship he has undertaken. We appreciate The reason I want to tell you about desert, never ever to be used, paid for it. We need it. We need more of it. We this is, not only have soldiers lost their by the American taxpayer, and paid to are grateful for it. Every taxpayer in lives, but the task orders for which contractors who did shoddy work and America ought to be grateful to Sen- that work was done resulted in award were kicked off the site. ator DORGAN.

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 14, 2009 CONGRESSIONAL RECORD — SENATE S7471 Mr. President, let me urge Members I hope the majority leader and the Senator GRAHAM, to provide this au- who are going to be speaking on the F– chairman of the committee will recon- thorization, and I am glad to be joined 22 to let us know and come to the floor sider their position and wait and bring in introducing this amendment No. 1528 because we are hopeful to conclude this up a hate crimes bill as a separate with my bipartisan group, including debate no later than early tomorrow piece of legislation for deliberation and the two formerly mentioned Senators, morning and to bring it to a vote. We discussion and vote from this body and and others. are making every effort to see if we can not tie it to the Defense authorization This amendment would extend this agree on that. bill. authorization where it logically must I yield the floor. Mr. President, I yield the floor. begin to fiscal year 2010 beginning on The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- October 1 of this year, 2009. We intro- KAUFMAN). The Senator from Arizona ator from Connecticut. duced this amendment because it will is recognized. Mr. LIEBERMAN. Mr. President, I provide our soldiers with the reinforce- Mr. MCCAIN. Mr. President, just for rise to speak on another amendment I ments they will need to execute the a minute, because I know colleagues have filed that is at the desk, but I missions we as a nation have sent them are waiting, it is my understanding know there is a pending amendment, so on. Indeed, our soldiers will be under that following the disposition of this I suppose I should ask to speak as in even more stress in the coming months amendment, which we hope would hap- morning business for 10 minutes. because of this fact. As we begin the re- pen tomorrow morning, the majority The PRESIDING OFFICER. Without sponsible strategy for drawdown in leader will move to take up a hate objection, it is so ordered. Iraq based on the extraordinary success crimes bill. The hate crimes bill is, to AMENDMENT NO. 1528 of our troops and the Iraqis in turning say the least, a very controversial Mr. LIEBERMAN. Mr. President, this around the war in Iraq, we are also de- piece of legislation and may deserve amendment I rise to speak about is ploying additional soldiers under the the debate and discussion of the Mem- numbered 1528. I am hopeful before too direction of our Commander in Chief, bers of this body. But the fact is, it has long it will be the pending business. I President Obama, to Afghanistan at an nothing to do with the Department of know it has now, and I believe it will, even faster pace than they are return- Defense authorization bill. What the enjoy broad bipartisan support. ing home. Defense authorization bill has a lot to This amendment would increase the GEN George Casey, the Army’s Chief do with is the training, equipping, tak- authorization for the Active-Duty end of Staff, warned us in the Armed Serv- ing care of reenlistment and retention, strength of the U.S. Army over the ices Committee earlier this year that and all of the things necessary to de- next 3 years by 30,000 additional sol- the effect of these two facts—a slow fend our Nation’s national security. diers. I wish to say right at the outset We are in two wars. We are in two and methodical drawdown in Iraq of it is an authorization; it is not an ap- wars, and we need to pass this legisla- our Armed Forces, Army, and an in- propriation. It says within its terms tion. So the majority leader’s priority crease in deployment to Afghanistan— that it is contingent on a decision by is a hate crimes bill—a hate crimes bill means that the total number of sol- the Secretary of Defense that he choos- which has nothing to do with the De- diers deployed to combat will be in- es to fill these positions, and if he does, fense authorization. I hope if the ma- creasing through the rest of this cal- then he has two major options. jority leader does that, it will be the endar year and into the next. One is to reprogram from other funds last time he will ever complain about As General Casey said to us, this under his control to support these addi- an unrelated amendment being brought matter of dwell time, which I will tional troops, and the second, of up by this side of the aisle. speak about in more detail in a mo- Look, there are important amend- course, is to return to Congress for a ment, is a matter of supply and de- ments that need to be debated and con- supplemental appropriation. mand: How many soldiers do we have, sidered on this legislation. This has to In my opinion, for all we have said and what is the demand for them in the do with the defense of this Nation. So and done in expression of our concern battle zones, the war zones. what are we going to do? We are going about the stress the members of the GEN James Cartwright, Vice Chair- to tie up the Senate for a number of U.S. Army are feeling and their fami- man of the Joint Chiefs of Staff, re- days. For a number of days we are lies are feeling, based on the fact that cently confirmed the critical chal- going to tie up the Senate on a totally they are carrying the overwhelming lenges the U.S. Army will face in the unrelated, very controversial, very burden of the wars in which we are in- near term and the importance of in- emotional issue that has nothing to do volved in Iraq and Afghanistan—we creasing Army Active Duty end with defending this Nation. have done a lot to improve living con- strength. Speaking before the Senate So I urge my colleagues on this side ditions, to offer more support for phys- Armed Services Committee just last of the aisle, I urge the distinguished ical and mental health services, to pro- week, General Cartwright said: chairman, I urge the majority leader, vide better housing for families, but There is that period of 2010 and 2011 in par- let’s move forward with addressing the this is about how much time the sol- ticular where that stress is going to be there. defense needs of this country, save the diers can be back at their home bases During 2010 because of execution, and in 2011 hate crimes bill for another day, and do and back with their families. I will get because [units will be] coming back, refilling what is necessary for the men and to this in detail as we go on. and trying to retrofit. You’re going to have women in our military rather than put- Last month, the House and Senate stress on the Army in a significant way. ting an agenda item that has nothing Armed Services Committees voted to And I add, stress on the Army means to do with defense next before this give the Secretary of Defense the au- stress on the families of those who body. thority to increase the Army’s end serve us in the Army. I predict again that when this bill strength by an additional 30,000 sol- General Cartwright continued by comes up, if the hate crimes bill is pro- diers for fiscal years 2011 and 2012 but stating that the Joint Chiefs of Staff posed by the majority leader and not 2010, for reasons that I will describe are working with the Army to find a agreed to by the distinguished chair- as somewhat arcane. This new author- range for growth that would reduce man, it will lead to a great deal of con- ization will provide the Secretary of this strain on the service. ‘‘We have troversy and unnecessary debate and Defense with the ability to increase the looked at this, we have worked in a discussion on a defense bill. If the ma- size of the Army to the extent he range’’—and I add here of increasing jority leader, who controls the agenda, thinks it is necessary for the national Army Active Duty—‘‘from about 15,000 wants to bring up a hate crimes bill, I defense or for other purposes such as to 25,000 . . . 30,000 would give us the would imagine he would be able to reducing the stress to which I have re- range in which to work to allow us to bring it up on his own. Instead, he ferred on our troops today. do that.’’ wants to stick it on to the bill that the I was privileged to introduce the That is exactly what this amendment men and women who are serving in our amendment along with Senator THUNE, would do, give the Secretary of De- military and are in harm’s way today my ranking member on the Airland fense, the Joint Chiefs, and the Sec- are depending on. It is not right. It is Subcommittee, during the Senate retary of the Army the latitude to in- not the right thing to do. Armed Services Committee, as well as crease the Army temporarily by as

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7472 CONGRESSIONAL RECORD — SENATE July 14, 2009 much as 30,000. Why? To increase the ASSOCIATION OF sonnel readiness initiative, and we pledge to dwell time. That is the time our troops THE UNITED STATES ARMY, do all we can to ensure it is sustained in the can spend at home and, thereby, reduce Arlington, VA, July 13, 2009. final defense bill. the stress in a most significant way Hon. JOSEPH LIEBERMAN, Sincerely and with deep gratitude for United States Senate, your leadership, imaginable. Washington, DC. NORBERT RYAN. I deeply appreciate that General DEAR SENATOR LIEBERMAN: On behalf of the Mr. LIEBERMAN. Mr. President, more than 100,000 members of the Associa- Cartwright would speak so clearly General Sullivan is a retired former about the Army’s requirements of addi- tion of the United States Army, I want to thank you for your floor amendment to S. Chief of the U.S. Army, a great Amer- tional soldiers in the coming months ican soldier. I quote, briefly, from his and how hard he and Secretary Gates 1390, the FY 2010 Defense Authorization Act, which would provide authority to increase letter to me about this amendment are working to support our troops. I be- Army active-duty end strengths for fiscal supporting the amendment: lieve it is our duty to make sure they years 2010 through 2012. As you know, the troop increases in Af- have all the authority required to do As you know, the troop increases in Af- ghanistan will precede decreases in Iraq, so. ghanistan will precede decreases in Iraq, causing the number of deployed soldiers to Let me speak more about what dwell causing the number of deployed soldiers to increase into next year. The Chairman of the increase into next year. The Chairman of the time is. Dwell time is time soldiers Joint Chiefs of Staff testified to Congress Joint Chiefs of Staff testified to Congress that it will be difficult to increase dwell have between Active Duty deploy- that it will be difficult to increase dwell time at home over the next 18 to 24 months ments, time they spend recovering and time at home over the next 18 to 24 months within our current end strength. Factor in preparing for their next deployment with our current end strength. Factor in the the more than 30,000 soldiers who are on the more than 30,000 soldiers who are on the rolls and, most significant to our soldiers, I rolls but not deployable, and it’s obvious but not deployable, and it’s obvious what a would guess, precious time they can what a strain that would be to our current strain that would be to our current troop spend at home with their families. This troop levels. . . . I hope your floor amend- levels. You get this, and I hope your floor dwell time ratio for many of our sol- ment [and the debate of it] will help your fel- amendment will help your fellow Senators diers today is little more than 1 to 1, see it, too. low Senators see [that]. which means they have but 1 year at The Army is in dire need of sufficient The Army is in dire need of sufficient home for every year they spend in the troops to increase dwell time for active duty troops to increase dwell time for active duty theater. Everyone agrees—everyone soldiers, increase support for operational soldiers, increase support for operational missions, and help the Army achieve reorga- missions, and help the Army achieve reorga- agrees—that this dwell time is abso- nization objectives. lutely unacceptable. It may also be nization objectives. Thanks to your recogni- tion of this gap in end strength planning, we He concludes: unsustainable. have a chance at giving the Army the re- We say that we want to ease the stress and When General Casey testified before sources our Soldiers deserve. strain on soldiers and their families, and now the Senate Armed Services Committee We say that we want to ease the stress and is the time to do the one thing that will pro- earlier this year, he said it is his goal strain on soldiers and their families, and now vide immediate relief. is the time to do the one thing that will pro- to get to a point where we have at least And that is to increase the authoriza- 2 years back home for every year our vide immediate relief. Your actions to make this a reality show that you are a true ally tion of the U.S. Army end strength as soldiers spend deployed. In fact, he said to the Armed Forces. Thank you for intro- the number of troops it can have ac- his ultimate goal at which he believes ducing the Lieberman Amendment to S. 1390 tively deployed by 30,000 and to fill the Army would be most effective which will authorize the Army to increase that 30,000 increase. would be to have 3 years at home for its size now, I hope that your fellow Senators Second, Admiral Ryan, another dis- every year in the field. also lend their support to your worthy cause. tinguished servant of the United Sincerely, General Casey hopes that a respon- States, a patriot, says: sible drawdown from Iraq will allow GORDON R. SULLIVAN, General, USA Retired. On behalf . . . of the Military Officers As- him to achieve that goal. I share the sociation of America . . . Today’s combat general’s hopes. But, frankly, I do not MILITARY OFFICERS forces and their families are paying a ter- believe we can bet the well-being of our ASSOCIATION OF AMERICA, rible price. Army on them without providing au- Alexandria, VA, July 10, 2009. This is a very personal letter. I will thority to the Army and the Secretary Hon. JOE LIEBERMAN, start again. U.S. Senate, of Defense to expand the troops to Today’s combat forces and their families Washington, DC. reach those dwell-time goals of at least are paying a terrible price in family separa- DEAR SENATOR LIEBERMAN: On behalf of the 2 to 1 about which General Casey 370,000 members of the Military Officers As- tion and stress for our past failure to grow talked. sociation of America (MOAA), I am writing our armed forces at a pace sufficient to ac- The Chairman of the Joint Chiefs, to express MOAA’s strong support for your commodate the extraordinary wartime de- Admiral Mullen, told our committee proposed FY2010 Defense Authorization Act ployment requirements of the past seven amendment that would authorize an addi- years. this year that the ‘‘light at the end of For years, we have relied on the patriot- the tunnel’’ is still more than 2 years tional 30,000 end strength increase for the Army in FY2010. ism, dedication, and resilience of our men away for the Army, and that is only if Today’s combat forces and their families and women in uniform to bear 100 percent of everything goes according to plan in are paying a terrible price in family separa- the Nation’s wartime sacrifice. But with Iraq. I believe that 2 years is too long tion and stress for our past failure to grow thousands experiencing their third or fourth to wait, especially when we can take our armed forces at a pace sufficient to ac- combat tour since 2001 and the prospect of a steps now to turn on the light, if you commodate the extraordinary wartime de- decade of persistent conflict ahead, reason- will, to provide our soldiers with the ployment requirements of the past seven able leaders must take responsible action to ease the extreme strain our military mem- reinforcements and relief they need. years. For years, we have relied on the patriot- bers and families have been required to ab- I think it is important for my col- ism, dedication, and resilience of our men sorb for so long. leagues to know this amendment has and women in uniform to bear 100% of the And then he says: nation’s wartime sacrifice. But with thou- the strong support of many of our sol- [This] amendment recognizes that the only sands experiencing their third or fourth com- diers and those organizations that way to do so in the face of increasing deploy- bat tour since 2001 and the prospect of a dec- fight for them. ment requirements in the near term is to au- ade of persistent conflict ahead, reasonable Mr. President, I ask unanimous con- thorize a substantial increase in Army end leaders must take responsible action to ease strength for FY2010. sent to have printed in the RECORD two the extreme strain our military members letters, one from GEN Gordon Sullivan, and families have been required to absorb for That is exactly what this amendment president of the Association of the U.S. so long. would do. The authority provided in Army, and, second, from ADM Norbert Your amendment recognizes that the only the amendment is temporary in nature Ryan, writing on behalf of the Military way to do so in the face of increasing deploy- and will expire in 2012. We hope and Officers Association of America. ment requirements in the near term is to au- pray that by that time, we will be able thorize a substantial increase in Army end There being no objection, the mate- strength for FY2010. to return the Army end strength to rial was ordered to be printed in the MOAA applauds your strong and persistent 547,000. If Congress increases the end RECORD, as follows: leadership in pursuing this important per- strength of the Army now, as this

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 14, 2009 CONGRESSIONAL RECORD — SENATE S7473 amendment would authorize, we would much money as we spent in World War borrow it for a quarter of 1 percent and be able to reevaluate that judgment as II. This is one more Washington take- then we can loan it out at 6.8 percent conditions on the ground and in the over, in addition to banks and insur- to students. Banks can’t do that. So we world justify. ance companies and car companies and will do it, and we will take it over and I say, in conclusion, again, there is maybe health care. It is now the stu- do it all here. We will do all 15 million no money attached to this amendment. dent loans of the country. loans from the U.S. Department of This gives authority to the Defense De- It also changes the way we fund high- Education. We will be the banker of the partment to raise the Army end er education, which is usually to take year. strength, the number of troops on Ac- almost all our money and give it to Mr. President, the Federal Govern- tive Duty by 30,000. If Secretary Gates students in Pell grants and student ment is getting real busy. This is be- decides, in his judgment, it is nec- loans and let them choose the college, coming the national headquarters for essary to do in our national interest, rather than to give grants the way we automobiles, where we own 60 percent then he will either have to come back do with K–12. of General Motors; we are running a and ask us for the money to do so or he Let me take a few minutes to explain bunch of banks; we run some insurance will reprogram funds that are now why I am saying this. The idea the companies; we are talking about a gov- under his control. President has is to spend $2.5 billion for ernment-run health care program; and I ask my colleagues for their support community college facilities, build- now we are going to take over and when this amendment comes up, and I ings. Every State has community col- make a huge national bank out of the hope it comes up soon. leges. One of our major jobs as gov- U.S. Department of Education. The I yield the floor. ernors and state legislators is to fund reason is because we can borrow money The PRESIDING OFFICER. The Sen- those community colleges. Tradition- more cheaply here. ator from Tennessee. ally, the Federal Government gives Well, why don’t we just abolish all Mr. ALEXANDER. Mr. President, I scholarships, and the Pell grants often the financial institutions in America ask unanimous consent to speak as in pay for almost the entire tuition at a and say: We can borrow money more morning business for up to 15 minutes. community college, making them very cheaply than you can, so you go away The PRESIDING OFFICER. Without important to American students. But and we will do it all. objection, it is so ordered. this moves the Federal Government That is not the American way. In COMMUNITY COLLEGE INITIATIVE into construction and renovation of fact, most Americans would like to get Mr. ALEXANDER. Mr. President, community colleges, as well as $9 bil- the government out of the car business, President Obama was in Warren, MI, lion for competitive challenge college out of the banking business, and out of today, and a little while ago he made grants to increase graduation rates and the insurance business. I can guarantee an announcement. He announced a new $500 million for online curriculum. So you that as soon as 15 million students $12 billion national community college the choice is, instead of more money start lining up outside the U.S. Depart- initiative. That sounds very good at for Pell grants and administration of ment of Education to get their student first. As a former Governor and Sec- student loans, we are going to spend it loans, instead of going through their retary of Education for the United on direct grants to some community local banks and dealing with their States, I am a big fan of community colleges. In other words, we are going local universities, they are not going colleges. I think they are our secret to start funding higher education, com- to be very happy about this either be- weapon for helping men and women in munity colleges, in the way we fund cause they have had a choice for nearly this country go from one job to the kindergarten through the 12th grade. 20 years, and they have chosen to go to next and to improve our workforce. Despite the fact that higher edu- their private lenders. But I respectfully suggest that what cation is by far the best in the world, So that is the first problem. We are the President, his Education Secretary the most admired system—and one rea- canceling the choice that 12 million and his economic advisers—and I think son is because we don’t have a lot of students are exercising this year to get his Education Secretary may be his Federal direct programs for it; we give a federally backed student loan from a very best appointee of all—I say this the money to students, they choose the bank even though they could have got- with respect, I think they ought to be school—we are going to start doing it ten a student loan directly from the asked to stay after school at the com- more like K–12, which is not the most government. munity college and write on the black- admired system in the world. Then we are saying: All right, be- board 100 times that in a year in which The $12 billion would be paid for out cause we are canceling that, we are we have run the Federal deficit up by of savings from the regular student saving $94 billion and we have money another $1.8 trillion, I will never again loan program we have now because to spend. Well, in the first place, that add another penny to entitlement man- under the President’s plan all new stu- is not right, Mr. President. By my cal- datory spending. Then I think we in dent loans would go through the U.S. culation, according to the Congres- the Congress, as we legislate this year, Department of Education. So let’s take sional Budget Office estimate of what ought to do some truth in lending. To that idea first. it costs to operate the current Direct do that, we would have to put a little We have about $75 billion in student Loan Program, it will cost about $32 card with every 1 of the 15 million stu- loans every year. That is a huge bank. billion over the next 10 years, at least, dent loans, if the President’s proposal Fifteen million students borrow money to operate the entire student loan pro- goes through, and say: The interest you for student loans. Twelve million of gram out of the U.S. Department of are paying on the money you are bor- them borrow through 2,000 different in- Education. rowing is almost all being used to pay stitutions—banks—and spend the My common sense tells me—and I for somebody else’s scholarship in the money at 4,000 institutions of higher have thought this for years—that there President’s community college initia- education. Three million choose to go is not any way a group of educators in tive. through the government, where they the Department of Education—a rel- I think it is important to say that be- get a direct loan directly from the gov- atively small department—are going to cause, as good as it sounds to say: Let’s ernment. operate more efficiently than banking help the community colleges, I am I was the Secretary of Education institutions across America in making afraid this is a familiar refrain we have when this program was created. I loans. That is not their business. They been hearing from the White House for didn’t see any reason for the Direct know about scholarships and gradua- the last 6 months. Instead of reducing Loan Program because I didn’t think tion rates, not about being bankers. entitlement spending the President is the U.S. Department of Education My common sense tells me that, and I again adding to mandatory spending. ought to be a bank. I thought the Sec- think it does most Americans. Plus, we Entitlement spending, which is driving retary of Education ought to be trying have a free market system, or at least up our debt to unbelievable numbers, a to be the educator of the year, not the we did, where we try to get things out situation where the President’s pro- banker of the year. But the argument of government, not into government. posal for the next 10 years is more new is, well, we can borrow money more So that is the proposal. Yet 32 billion debt than we spent, three times as cheaply in the government. We can of the dollars over the next 10 years are

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7474 CONGRESSIONAL RECORD — SENATE July 14, 2009 illusory savings, so we are really add- at 6.8 percent and use the difference for today. One would be that since we are ing to the debt. Then the President is its own purposes. We are making near the General Motors headquarters, saying, well, let’s take some of that $90 money on the backs of students who to celebrate their emergence from billion as mandatory spending. I know are borrowing money to go to college bankruptcy by giving the 60 percent of this gets a little complicated, but it is and then taking credit for spending it the stock the government owns in Gen- really not that complicated. He is say- for somebody else’s scholarship or eral Motors back to the taxpayers who ing the money we now spend to pay the some community college program and paid taxes on April 15; that we should costs to the government of loaning out we are not telling anyone that. So we focus on cheap energy so we can re- this $75 billion every year is automatic need a little truth in lending. industrialize America, including our mandatory spending, so let’s take it Finally, I am concerned about the automobile industry, by 100 nuclear away from how we now spend it on the changes in direction from the way we powerplants; that we could take the administration with banks, and let’s support higher education. We are very mandatory spending and instead of spend it instead on mandatory spend- fortunate in America to have this ter- spending it, save it and have less debt. ing for community colleges. rific higher education system, includ- That would be a real favor to the stu- In other words, he has an opportunity ing our community colleges. In a way, dents. to say let’s take away some money we got it by accident because with the To revitalize housing, we could have that is being automatically spent every GI bill, when the veterans came home Senator ISAKSON’s $15,000 tax credit to year and save it. Let’s save it. Or he from World War II, we just gave the help get the housing market going could say, let’s put it for students. But money to them and they went any- again. Then in our health care debate I think most of us would say—and he where they wanted to. That is not the we could stop talking about more gov- has said in his summit on entitlement way we do with kindergarten through ernment takeovers and, instead, take spending—that we need to stop adding 12. We have all these programs. It is the available dollars and give the entitlement spending. But that is not command and control, and we support money to low-income Americans and what he is doing. the institution instead of the student. let them buy their own insurance, like Indeed, his other proposal—which is We call the argument about that most of the rest of us have. not announced today but is the rest of ‘‘vouchers.’’ So this is a big difference of opinion his proposal—is to say we have this $94 When we have arguments like that, we have. As noble as the idea of sup- billion—which I think is closer to $60 we get all excited. We did in the Appro- porting community colleges is, this is billion or $50 billion—that we could priations Committee the other day, not the way to do it. save, and he is going to say we will and the Senator from Illinois and I ar- The PRESIDING OFFICER. The Sen- make Pell grants entitlement spend- gued—we each got 15 votes—about the ator has used his 15 minutes. ing. Well, Pell grants are terrific DC voucher program: Shall we give our Mr. ALEXANDER. Another Wash- grants. There are 5 million of them. We money to students and let them choose ington takeover and too much debt. appropriate them every year for low-in- a school or shall we support the school? There is a better way. come students. There was $19 billion Well, in higher education, 85 percent of I thank the Chair, and I yield the appropriated for that purpose last year. the dollars we spend, or some figure floor. The Congress has always been enor- about like that, goes to the student, The PRESIDING OFFICER. The Sen- mously generous with that. We appro- who then chooses the school. It may be ator from Minnesota. priate a certain amount. It is almost a community college or a Jewish Ms. KLOBUCHAR. Mr. President, I automatic, but it is not automatic. school or an African American school ask unanimous consent to speak for 5 In other words, we appropriate what or a Catholic school or a public school minutes, to be followed by the Senator we think we can afford, and then we or a private school or a for-profit from New Hampshire, Mr. GREGG, who spend it on the students who need it. school. We don’t care, as long as it is wishes to speak for 10 minutes. This proposal to shift Pell grants to accredited. The PRESIDING OFFICER. Without mandatory says it doesn’t matter what As a result, we have a higher edu- objection, it is so ordered. we can afford, we are just going to do cation system that attracts the best AMENDMENT NO. 1469 it. Again, it is exactly the kind of foreign students anywhere in the world Ms. KLOBUCHAR. Mr. President, I thing that most economists, most and gives Americans choices. As a re- come to the floor today to voice my Americans, and the President himself sult we have almost all the best col- support for the Levin-McCain amend- has said we need to stop doing. Yet in leges and universities in the world. ment to strike $1.75 billion added to the full light of day, we are saying and So this proposal is a little shift from the bill that is on the Senate floor to announcing that we are going to create that to say the Federal Government purchase additional F–22 aircraft that a community college program, and would take all the money—which I have not been requested by the Pen- later a Pell grant program, and we are would argue we don’t have—but this $12 tagon. going to pay for it with mandatory billion we are going to give to grants in I believe this amendment presents us automatic entitlement spending. higher education instead of to stu- with an important choice of what our While the President says it is $94 bil- dents. I would rather give it to stu- national security priorities will be lion that could be saved over 10 years, dents. going forward: Will we continue to the Congressional Budget Office said it So I applaud the President for his in- pour billions and billions of dollars is $293 billion—nearly $300 billion—in terest in higher education and commu- into weapon systems despite the fact automatic spending over 10 years that nity colleges, but I would suggest to they are not requested and despite cost we could avoid. Yet the President is him that we have too much debt and overruns and program delays, or will saying we should spend it. I am very too many Washington takeovers, and we make the hard choices necessary to disappointed with that. we shouldn’t be funding this program ensure that our troops in the field have Then here is the last point I would on the backs of the students who are what they need to fight present and fu- like to emphasize—well, there are two borrowing money and working an extra ture conflicts? points really. The President is saying: job to go to college. I don’t think they I believe the choice is clear. I am I am here today to do a favor for you. would appreciate knowing that the in- aware this means, for some States that I am going to spend $12 billion on com- terest they are paying is mostly going are making this plane or have sub- munity colleges. But what he doesn’t to pay for someone else’s scholarship. contracts—and we have some in our tell you is the people paying for that They might ask: Why do I have to do own State—that this means jobs. But if are the people borrowing money to go that? Why isn’t that person in the we don’t move forward to what we real- to college. same shape I am? ly need to produce for our troops So if you are getting an extra job at The President was in Warren, MI, in today, we are never going to be able to night so you can go to college, and you the middle of the auto business, and we do the best for our troops and do the are taking out a student loan, the gov- have some suggestions—or I would best for our country. ernment is going to borrow money at a have—for other ways to deal with the By the way, as we move forward, that quarter of 1 percent and loan it to you problems we have with the economy means jobs. I was just up in northern

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I signs put up, you are talking very sig- that is good for the troops, good for discussed with him at length what this nificant dollars, you are talking tens of their back, and they got the contract. would mean, the difficult decisions millions of dollars for self-promotion of This is a new era, and part of this new that Members are going to have in these programs. era is transparency. Part of the new their own States. But I also talked to Ironically, these signs are actually era means we actually will look at him about what the troops need. Right required before people can get the what our military needs. now the troops and their commanders funds. We had a gentleman in one of No one can dispute that the F–22 pos- are telling us they do not need these our towns in New Hampshire, I think it sesses unique flying and combat capa- planes, so it is a testament to the serv- was Derry, who said, before he would bilities or that it will serve an impor- ice of Senator MCCAIN to our Nation be released the dollars to do the project tant role in protecting our Nation in and the work Senator LEVIN has done in his town that the town had applied the future. The question is not whether for years that they are leading the for and it had approved, they had to we should keep the F–22 in service, the fight to defend the recommendations of agree to put up this sign. He didn’t question is whether we should purchase our military and civilian leaders. I am want to put up the sign. He thought it additional planes at the expense of proud to join them. was a waste of money, but he was re- more urgent needs for our troops. This amendment presents us with an quired to put up this sign. Our Armed Forces are currently opportunity. We can begin making de- Why are we doing this? The Amer- fighting in two major conflicts in Iraq cisions based on security interests and ican people are sort of tired of us wast- and Afghanistan. After more than 7 fiscal responsibility and cut $1.75 bil- ing dollars. They are especially tired of years in Afghanistan and more than 6 lion for additional F–22 aircraft that us wasting dollars trying to blow our years in Iraq, the F–22 has not been our military commanders say they do own horn around here. If the adminis- used in combat. It has not flown over not need or we continue on a course tration believed these signs promoting those countries. Over the course of that cannot be sustained. I urge my the stimulus package were so valuable, these conflicts, we have seen the tragic colleagues to do what is in this Na- let them spend campaign funds—be- consequences when our troops don’t tion’s best long-term interest, in the cause that is what they are, they are have the equipment and resources they best interests of our troops, and to vote campaign signs—to put them up. But need, such as enhanced body armor or for the Levin-McCain amendment. instead we are putting these signs up. vehicles to protect them from IEDs. We I yield the floor. What these signs should say if we are have seen what happens when we don’t The PRESIDING OFFICER. The Sen- going to put them up is: Project funded give our troops what they need. We ator from New Hampshire is recog- by the future generations of American cannot continue on this course. We nized. taxpayers—and they add to the debt of must focus our defense resources on Mr. GREGG. Mr. President, first, I our children. That should be added the personnel, equipment, and systems thank the Senator from Minnesota for under here, ‘‘add to the debt of our necessary to respond quickly to uncon- yielding me this time and, second, I children.’’ ventional and evolving conflicts while wish to talk today about waste. We are The signs have no value at all, none, maintaining the ability to counter con- all concerned about waste. I have an other than self-promotion of these ventional foes. amendment which I understand I can- projects. For years, Members on both sides of not call up because the parliamentary Maybe some of the projects are le- the aisle have come to the Senate situation is such that the floor leaders gitimate. I think probably most of Floor to denounce wasteful spending in did not wish to have another amend- them are legitimate. To the extent our defense budget and called on the ment brought up. they are done within this period of re- Pentagon to be more responsible in its This sign here, which is a type of sign cession, I support them. The problem I budgetary and procurement policies. that is proliferating across our Nation had with the stimulus package was so Hearing this call, our military leaders everywhere, reflects waste. It is totally much of the money was being spent have produced a plan this year to ad- inexcusable. It is a political advertise- outside the period when we know the dress wasteful and unnecessary defense ment for money that is being spent as recession will be over. But even if the spending so we can ensure that we are a result of the stimulus package. That projects are legitimate, which most of providing our Armed Forces the tools is all it is. The sign says: ‘‘Project them I am sure are—although some they need to keep America safe and Funded by the American Recovery and have been questioned, such as the strong while also ensuring that tax- Reinvestment Act, Completion August crossing path for turtles. That received payer dollars are used responsibly. 2009.’’ a fair amount of press. I have to say I We have a major debt in this coun- That is a political statement, the didn’t understand why we had to build try. Some of it is because of mistakes purpose of which is to promote spend- an underpass for turtles, but I don’t made in the past. With this economy, ing on the stimulus package. I did not live in whatever State that was in. But there is enough blame to go around ev- vote for the stimulus package. I as a very practical matter, the under- erywhere. We have a major debt, a thought a program which is going to pass for turtles had a sign which said major deficit, and we have troops who spend almost 50 percent of the money the project is being built at the ex- need to get the equipment they de- after the year 2011 made little sense pense of the American taxpayers, pro- serve. What is the answer, put $1.75 bil- and was not stimulus at all. But I cer- moting the American Recovery and Re- lion into some planes the Pentagon tainly would not have expected that as investment Act. says they do not need? I don’t think a result of this program we would be This is foolish. This is the type of that is the answer. funding these signs all over America to thing that drives taxpayers crazy, and It should be noted that the limit on promote this program. it should. It is so inexcusable. People the number of F–22s that the Levin- These signs are not cheap, by the get outraged by us doing things such as McCain amendment would restore is way. In New Hampshire we get them this and by the Government doing supported by the Secretary of Defense, for less than most places. They cost things such as this. You drive by this the Chairman of the Joint Chiefs, and about $300 a sign. But in Georgia they sign and, if you have a chainsaw in the both the current and the immediate cost $1,700 a sign; in Pennsylvania they back of your truck, you want to cut past Presidents of the United States. cost $2,000 a sign; in New Jersey they them down. Of course, they put them I believe Senators LEVIN and MCCAIN are costing $3,000 per sign. Literally, up in steel so you have to have a blow- should be commended for their dedica- there are 20,000 projects going on— torch, but in any event they should not tion to improving our defense posture most of them paving projects across be out there, and they certainly should and budget and for putting their own this country, paving projects most of not be out there costing $300 to $3,000

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7476 CONGRESSIONAL RECORD — SENATE July 14, 2009 per sign. That money, at the min- years ahead. They have also noted that I have it here in my hand today. This imum—first, it should not have been prominent military officials have been report finds that the Pentagon has spent. But if it is going to be spent, it clear that cutting off production of the failed to consider industrial efforts should have been actually spent on the F–22 would put our Nation’s defense at when choosing strategies. project itself or other projects which high to moderate risk. Much like my amendment to the pro- were deserving. But certainly there While I agree with my colleagues on curement reform bill, this report urges was no reason to spend it to promote all of these points, today I want to dis- the Pentagon to take into account the the project through these signs. cuss on the floor, this afternoon, an- impact decisions, like the one to stop I will have an amendment which other negative consequence of this production of the F–22, take on our says, essentially, no more signs, no amendment that would harm our secu- manufacturing base. This report—and I more wasting taxpayers’ dollars on rity, our economy, and our ability to urge my colleagues to take a look at it signs that cost $3,000 promoting respond quickly to threats in the fu- if you have not seen it—notes that our projects for the purposes of political ture—a consequence that will hit home manufacturing base was not taken into aggrandizement. I hope to be able to for so many in States such as Georgia, account in past Quadrennial Defense call it up as we move forward on the Connecticut, Texas, California, and Reviews and that when Secretary Defense bill. I recognize it is not imme- Washington, where every day we are Gates unveiled his program cuts in diately a defense issue, but unfortu- fighting rising unemployment. It is an- April, he specifically said that defense nately this is the only authorizing bill other area in which our country has industry jobs were not a factor in his floating around the body. These signs had clear superiority but where today, decisions. are going up like weeds across the Na- because of actions like this amend- Well, as our country faces two dif- tion. Every time they go up, they cost ment, we are slipping into deep trou- ficult but not unrelated challenges— our children a few thousand dollars on ble. safeguarding our country in a dan- the national debt. So if we are going to Today, I want to discuss how this gerous world and rebuilding our fal- stop that type of profligate spending, amendment will erode the health and tering economy—ignoring the needs of we have to act now. Therefore, I am long-term needs of our Nation’s indus- our industrial base should not be an op- going to call up this amendment when trial base. As many here in this body tion. Whether it is the scientists who the proper time occurs on the floor. know, this is not the first time I have are designing the next generation of I yield the floor and suggest the ab- sounded the alarm about our dis- military satellites or the engineers sence of a quorum. appearing industrial base. This effort who are improving our radar systems The PRESIDING OFFICER. The to prematurely cut production of the or the machinists who assemble our clerk will call the roll. F–22 is simply the latest in a series of warplanes, these industries and their The assistant legislative clerk pro- decisions that fail to take into account workers are one of our greatest stra- ceeded to call the roll. the men and women who work every tegic assets. What if they were not Mr. LEVIN. Mr. President, I ask day to provide for their families by available? What if we made budgetary unanimous consent the order for the building the equipment that protects and policy decisions without taking quorum call be rescinded. our country. But, as I have said all into account the future needs of our The PRESIDING OFFICER. Without along, protecting our domestic base is domestic workforce? Well, that is not objection, it is so ordered. not just about one company or one pro- impossible. It is not even unthinkable. Mr. LEVIN. Mr. President, I hope, if gram or one State or one industry. It is actually happening today. our colleagues might have remarks on This is about our Nation’s economic We need to be clear about the rami- the pending amendment, they would stability. It is about our future mili- fications of amendments such as the come over now or give us some indica- tary capability and the ability to re- one that has been offered here today tion they might want to speak in the tain skilled family-wage jobs in com- because once our plants shut down and morning because we need to press munities throughout our country. once our skilled workers have moved ahead with this amendment. In the Just a few months ago, we passed a on to other fields and once that basic next few minutes, I am going to be long overdue bill in the Senate that re- infrastructure is gone, we are not going making inquiry with the other side of forms many of the Pentagon’s procure- to be able to rebuild it overnight. the aisle to see if we cannot reach a ment practices. In that bill, I worked Building an F–22 is not something you unanimous consent agreement to have with Chairman LEVIN and others to learn in school. It takes years of on- a vote tomorrow morning. We tried successfully add an amendment that the-job experience. Ask any one of the this yesterday without success and ear- draws the attention of the Pentagon workers from Forth Worth to Balti- lier today without success, but we are leadership to consider the effects of more who are responsible for the intri- going to try again because it is impor- their decisions on our industrial base cate radar systems or the high-tech en- tant we resolve this amendment, dis- and its ability to meet our national se- gine parts or the complex stealth tech- pose of this amendment, so we can go curity objectives. I worked to include nology. We have machinists today in on with other amendments to the bill. that provision because I believe it is this country who have past experience I will be making that inquiry of my time to start a serious conversation and know-how down the ranks for 50 good friend from Arizona in the next about the future of the men and women years. We have engineers who know our few minutes. who produce our tanks, our boats, and mission and who know the needs of our The PRESIDING OFFICER. The Sen- our planes, the skilled workers our soldiers and sailors and airmen and ator from Washington. military depends on. It is a workforce marines. We have a reputation for de- Mrs. MURRAY. Mr. President, I rise that is disappearing before our eyes. livering for our military. It took us a this afternoon to express my opposi- Providing the equipment our long time to build this industrial base tion to the Levin-McCain amendment warfighters need is a partnership. It is to the point where we have workers that would cut off production of the F– a partnership that requires the Pen- who can make fifth-generation air 22 fleet and would hurt hard-working tagon to be actively engaged with the fighter planes. What we have left we families in the aerospace industry manufacturers that supply the systems have to work to keep because once our across our country. and parts that make up our aircraft plants shut down, those industries are I know many of my colleagues have and defense systems. It is a partnership gone, and we not only lose the jobs but come to the floor to echo their opposi- that requires the Pentagon to take we lose the skills and the potential tion to this amendment, and I have lis- into account how our workforce and ability to provide our military with the tened to them speak very convincingly manufacturing capability will be af- equipment to defend our Nation and about how it would limit our continued fected when they cancel vital pro- project our might worldwide. air superiority in the skies across the grams. So today, as we consider a critical globe. I have listened to them talk Unfortunately, today military pro- tool for the future of our military about how allowing our air superiority curement is a one-way street. In fact, across the globe, we cannot forget the to slip would mean we could lose our just yesterday, the Aerospace Indus- needs of our industrial base, because ability to safeguard our Nation in the tries Association issued a major report. unless we begin to address this issue

VerDate Nov 24 2008 02:41 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14JY9.REC S14JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 14, 2009 CONGRESSIONAL RECORD — SENATE S7477 now and really think about it, we are entire group of people. Matthew REMEMBERING STEVEN CROWLEY not only going to lose some of our best- Shepard was not just a young gay man, AND BRIAN ELLIS paying American jobs, we are going to he was a very young gay man. Col- Ms. STABENOW. Mr. President, 30 lose the backbone of our military leagues, it is time to take a stand. It is years ago this November, two Ameri- might. time for the Senate to help end the ha- cans were killed when a mob attacked At a time when we are looking to tred, to reaffirm our commitment to an the American Embassy in Islamabad, create jobs and build the economy, America that is as free and as equal as Pakistan. I wish to pay tribute to those eliminating the $12 billion in economic our founders intended for it to be, to men, Marine CPL Steven Crowley and activity and thousands of American make sure that no American lives in Army WO Brian Ellis. jobs that are tied to the F–22 produc- fear because of who they are. Just a little over 2 weeks earlier, 66 tion does not make sense to me. Sup- As a former attorney general of Illi- Americans had been taken hostage by porting continued F–22 production will nois, I have been fighting hate crimes students in Tehran. On November 21, help defend against potential threats, for many years. Since the very begin- 1979, Ayatollah Khomeini, the Supreme and, of course, it will protect family- ning of my career, I have spoken out Leader of Iran, took to the airwaves wage jobs, and, importantly, it will against injustice and worked hard to and falsely accused American troops of preserve our domestic base. end discrimination. So I understand occupying the Great Mosque in Mecca. So I urge our colleagues to oppose how important the Matthew Shepherd Protests raged against the United the amendment that has been offered. Act will be as we seek to bring crimi- States throughout Pakistan that day. I suggest the absence of a quorum. nals to justice for their actions. A student protest formed outside the The PRESIDING OFFICER. The But some have expressed concern gates of the American Embassy com- clerk will call the roll. about this measure. I have heard from pound in Islamabad, but it quickly The assistant legislative clerk pro- Illinois residents who worry that this turned violent. Protesters broke down ceeded to call the roll. may prevent them or their religious Mr. BURRIS. Mr. President, I ask part of the wall, surged into the com- leaders from expressing their faith. As pound, and began shooting at American unanimous consent that the order for a deeply religious American myself, I the quorum call be rescinded. forces, breaking windows, and setting would oppose any bill that restricts our fire to the buildings. The PRESIDING OFFICER. Without freedom of speech or our freedom of re- objection, it is so ordered. Most of the Embassy staff members ligion. were able to get to a secure commu- MATTHEW SHEPARD LOCAL LAW ENFORCEMENT So let me assure my constituents and nications room, where they remained ACT my colleagues that the Matthew Mr. BURRIS. Mr. President, I would for over 5 hours until the Pakistani Shepard Act applies to violent crimes, military arrived to quell the rioters. like to speak on the National Defense not religious speech. It will help us end authorization bill that is pending be- Corporal Crowley was killed while pro- murder and assault, but it will not af- tecting the compound; Warrant Officer fore the Senate in reference to an fect the sermons people will hear every amendment that would be on that bill. Ellis was found burned to death in his Sunday or the ability to preach the apartment on the compound. Two Pak- More than a decade ago, on a cold things they believe. night in Wyoming, a young man was istani employees of the Embassy were A decade has passed since Matthew also killed by rioters that day. assaulted and killed simply for being Shepard’s tragic death. We must not who he was. The brutality of that mur- This weekend, survivors of that at- let another year go by without the tack will meet at Arlington National der shocked the Nation. But even more Matthew Shepard Act as the law of the shocking was the motive for the crime. Cemetery. My thoughts and prayers land. will be with them as they remember Matthew Shepard was targeted and I urge my colleagues to join me in killed that night for nothing more than those whose lives were cut short that supporting this important legislation. fateful day in November. his sexual orientation. Hopefully, we will be able to have hate The fact that the vicious attack Steven Crowley and Brian Ellis died crimes as a crime on the books in the in the line of duty, serving their coun- could occur at all is hard to believe. Nation as well as in our States. But the fact that it was done out of try and defending American lives. I yield the floor, and I suggest the ab- Their service must not be forgotten. blind hatred is simply too much to sence of a quorum. bear. So we must make sure Matthew The PRESIDING OFFICER. The f Shepard’s death was not in vain. clerk will call the roll. ADDITIONAL STATEMENTS We must shape a positive legacy from The assistant legislative clerk pro- the ashes of this terrible tragedy. I be- ceeded to call the roll. lieve this is the next chapter in the Mr. LEVIN. I ask unanimous consent COMMENDING THE NORTH DAKOTA struggle against hatred and in the that the order for the quorum call be favor of equal rights. As we have been WHEAT COMMISSION rescinded. ∑ called to do throughout our history, I The PRESIDING OFFICER. Without Mr. CONRAD. Mr. President, today I believe it is time to take action once objection, it is so ordered. honor the North Dakota Wheat Com- again. mission. I rise today in support of the legisla- f On July 8, the North Dakota Wheat tion inspired by Matthew’s tragic Commission celebrated its 50th year story. I am proud to be a cosponsor of MORNING BUSINESS marketing and promoting wheat on be- the Matthew Shepard Local Law En- Mr. LEVIN. Mr. President, so far we half of my State’s farm families. As the forcement Hate Crime Prevention Act. have been unable to obtain agreement top spring wheat and durum wheat pro- If it becomes law, the Matthew to have a vote tomorrow morning on ducing State in the Nation, I am proud Shepard Act will add ‘‘sexual orienta- the Levin-McCain amendment. I am of what the North Dakota Wheat Com- tion’’ to the definition of hate crimes hoping we can achieve such agreement mission has been able to achieve for under Federal law, giving law enforce- yet tonight; if not, in the clear dawn of our State’s producers. ment officials the tools they need to tomorrow morning. I am disappointed The commission, created by the bring all violent criminals to justice. we have not been able to reach agree- North Dakota Legislature in 1959, has Many States already have hate ment to go to a vote on that amend- allowed my State’s farmers to become crimes legislation on the books. I am ment, but that is a fact with which we more actively engaged in the export proud to say my home State of Illinois will have to deal. In the meantime, I and market promotion of our wheat is among them. But we need to make ask unanimous consent that the Sen- crop because the commission is funded sure violent criminals face the same ate now proceed to a period of morning and directed by producers. During its penalties in Washington as they do in business, with each Senator allowed to 50 years of existence, North Dakota’s Illinois and across the Nation. speak up to 10 minutes. average wheat production has in- Hate crimes are assaults against in- The PRESIDING OFFICER. Without creased from 100 million bushels to 300 dividuals, but they tragically target an objection, it is so ordered. million bushels annually. In that same

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